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Research on Cram-down System of the Reorganization Plans of Listed Companies of China

Author: ZhouShu
Tutor: LiuWen
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: listed companies reorganization plans cram-down systemimprovement measures
CLC: D922.291.92
Type: Master's thesis
Year: 2013
Downloads: 20
Quote: 0
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China’s "Bankruptcy Law" in the absorption of foreign advanced legislative concept introduced the reorganization system. As a guarantee of the reorganization plans, the "Bankruptcy Law" gives the cram-down power to court when some parties opposed to the reorganization plan, the court can force in accordance with the statutory conditions for approval of a reorganization plan, so that bankrupt enterprises can be restructured. It was due to the introduction of the reorganization system and cram-down system that a lot of bankrupt enterprises were able to avoid bankruptcy. Since the new "Bankruptcy Law" took action for more than five years, it was40listed companies were reorganization, of which there are11listed companies through cram-down system. The essence of cram-down power, after all, is the intervention of public power for private rights, must be used with caution. The listed companies have a broad social impact and scarcity of the shell resource, but the current legislation does not "tailor-made" for listed companies, which makes some problems in practice. According to the collection of cram-down case in listed companies, and with the current legislation for analysis to find the problems and causes of the cram-down system of China’s listed companies in practice, in order to find the solutions.The main idea of this paper is to ask questions, analyze and solve problems.Paper is divided into introduction, body and conclusion, in which the body consists of four parts.Part1will introduce the cram-down system theoretical basis of listed companies. First, this part will introduce fundamental theory of cram-down system to provide theoretical support for the follow-up study. Then into the object of this study-listed companies, because of the particularity of the reorganization of listed companies and listed companies reorganization plan, the cram-down system of listed companies has its own particularity.Part2is the empirical analysis of the reorganization plan of China’s listed companies. The "Bankruptcy Law" for more than five years, it was40listed companies were reorganization, of which there are11listed companies through cram-down system. This part will analysis of the data and specific cases of cram-down to find out the problems as well as its performance.Part3will review the legislation of cram-down system of listed companies in China. Legislation referred to in this section, is a broad, including legal, administrative regulations and rules.We will compare Chinese with foreign legislation to find the lack of legislation in China.Part4will take the measure to improve cram-down system of listed companies in China. The conclusion include:make sure the standards of cram-down system clearly; strengthen the supervision of the court; restrict the executive powers of intervention; improve the information disclosure mechanism.Innovation of this paper is mainly reflected in:First, the angle of the innovative topic of this article. The article is in perspective of listed companies. Second, the content of this article is innovation. The content of this paper tightly around the issues, ask questions, analyze problems to solve the problem.Besides, the research method of empirical analysis is one of the most innovative highlights in this article.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Bankruptcy Law
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