Dissertation > Excellent graduate degree dissertation topics show

Research on the Perfection of the Dormant Shareholder Legal System

Author: WangHongCai
Tutor: ZhengJunGuo
School: China University of Political Science
Course: Economic Law
Keywords: Dormant shareholders Significant shareholders Shareholder qualification Equity Trust
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 202
Quote: 0
Read: Download Dissertation

Abstract


With the development of China's market economy, a large number of dormant shareholders phenomenon exists. However, the current legal norms only to the Supreme People's Court \various legal issues more and more, resulting in a variety of anonymous shareholders legal disputes. Judicial practice, courts at all levels for the business registration and actual contribution to the Articles of Association, the register of shareholders, the actual enjoyment of the rights of shareholders and other evidence of the use of differences greatly, making the processing of such disputes is a bit confusing, which affects not only the unity of justice and authoritative, but also to a certain extent on the damage to the legitimate rights and interests of the stakeholders of the company shareholders eligible controversial and illegal Germany, illegal and criminal behavior contributed to circumvent the law. This paper attempts through the basic theory of the company's shareholders' qualifications Discriminating of of dormant shareholders of the company and the legal relationship of the parties and of dormant shareholder system of legislative status quo and perfect exposition of three chapters, in anticipation of our dormant shareholders The specification of the system to integrate and systematize dormant shareholders thus just and reasonable solution to all kinds of disputes. This article the dormant shareholder legal system, is divided into three parts introduction, body and conclusion. Body part further includes the following chapters: the first chapter for an overview of dormant shareholders. In this chapter, mainly on the basic concepts of dormant shareholders, legal characteristics, comparison with related concepts, dormant shareholders, the classification of dormant shareholders, and the pros and cons of existing dormant shareholder system to discriminate, and thus implicitly denotation and connotation of the concept of shareholder with a more comprehensive understanding of, and related to the legal relationship between the parties dormant shareholders Discrimination laid the foundation for the later chapters. Qualification as a shareholder, is the statutory conditions for the exercise of shareholders' rights, the shareholders of the Company to assume the obligations of the shareholders. Clarify the basic concepts of shareholder qualification, the help we adhere to the concept of fairness, justice, efficiency, set the the dormant shareholder qualification system in a variety of situations and norms, and thus the maintenance of dormant shareholders of the Company under the normal operating order, shareholders exercising options, resolved as soon as possible the dormant shareholders equity disputes and the protection of the legitimate rights and interests of the stakeholders has important significance. The second chapter for the the dormant shareholder legal relations and disputes Type Discrimination. In this chapter, the first systematic analysis of the legal relationship between the shareholders and related parties of anonymity, and the combination of various doctrines theorists, on the of dormant shareholders of shareholders eligible in-depth study and explore how to confirm . The final author based on \Then, the author together with common practice dormant shareholders disputes sorted. By Discrimination of the dormant shareholders and the relevant legal relationship of the parties, to clarify the rules for handling all types of the dormant shareholder investment disputes. Analysis of the form of dormant shareholders to obtain the qualifications of the shareholders of the Company with substantial elements system, combined with the basic philosophy of the aforementioned shareholder qualification, to lay the legal basis for the Perfection of the following dormant shareholders. The third chapter is the legislative status and improvement of the system of dormant shareholders. In this chapter, the first on the domestic and international legal systems of dormant shareholders simply compare and then focus on the combination of the current system of dormant shareholders legislative status quo, pointing out the shortcomings of dormant shareholders on the system design, and then address these deficiencies , some of the author's views and recommendations of follow-up in how to perfect the dormant shareholders the legislation system design. In this process, together with the principle to be followed in respect of the dormant shareholders legislation perfect description. Finally, I tried to take the way of the equity interest in the trust to solve the problem of dormant shareholders. Asked the author's point of view in our system of dormant shareholders legislative proposals, focusing on the following aspects: First, the qualification rules of dormant shareholders in a variety of situations; out circumvention force the purpose of the law against sexual deny anonymous the identity of the shareholders of the shareholders, how minimal impact on the company's external legal relations; dormant shareholders, significantly improve the processing rules of the legal dispute between the shareholders and the bona fide third; attempt to introduce a system of trust equity solve dormant shareholder legal issues . These ideas is also the author of the main innovation of this paper, please teacher to be criticism and correction. ?

Related Dissertations

  1. Study on the Legal Issues of Dormant Investment in Limited Liability Corporation in China,D922.291.91
  2. Shareholders under the dormant investment qualification and conflicts of interest under the Legal Regulation,D922.28
  3. Railway passenger station restaurants brand assets to purchase Intention travelers,F532;F224
  4. The Study on Share Transfer Contract Effect of the Limited Liability Company,D922.291.91
  5. On qualification as shareholders of a limited liability company,D922.291.91
  6. Limited dormant shareholder legal qualification,D922.291.91
  7. The dormant shareholders of a limited liability company legal status and the right to protection,D922.291.91
  8. The Legal Issue of Dormant Shareholders,D922.291.91
  9. Recognition of Shareholders Qualification of A Limited Liability Company,D922.291.91
  10. Discussion of Partnership Acquiring the Shareholder’s Qualifications,D922.291.91
  11. Legislation on Dormant Investment,D922.291.91
  12. On the anonymous contributors shareholder qualification,D922.291.91
  13. On the Dormant Investment in the Limited Liability Company,D922.291.91
  14. The Legal Issue of Dormant Shareholders,D912.29
  15. Discussion about Shareholder’s Qualification,D912.29
  16. On the dormant shareholders,D922.291.91
  17. A Legal Study of the Silent Partner,D922.291.91
  18. Reduce the cost of modern agent,D912.29
  19. Study of Investment of Equity Real Estate Investment Trust,F830.8
  20. Limited Liability Company Legal Issues qualification,D922.291.91

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile