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On the Implementation of Shareholders’ Prioritized Purchase Right in the Limited Liability Company

Author: ZhangJia
Tutor: ShenGuiMing
School: East China University of Political Science
Course: Legal
Keywords: Limited liability company Equity transfer Right of First Refusal The exercise of the shareholders' pre-emptive rights The same conditions
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


A limited liability company , it can be said for the purpose of make up for the deficiencies in the system of the two forms of enterprises of the shares of the company with a partner enterprises produce a distinctive corporate form , both owned together and people together , this the dual nature of the equity transfer must be subject to certain restrictions , the aggregate based protection options freely transferable protection on the basis of taking into account the limited liability company , so as to realize the desire of the shareholders ' expected the stable maintenance company operating order . In this regard, the common practice of most countries in the world to take given the shareholders' pre-emptive rights of way , the value of play through its system of value , the liquidity of the balance of equity , the company's co- transactions security among conflict. However, with the deepening of the market economy and the increasing perfection of the modern corporate system in the growing market trend of resource allocation , equity transfer behavior of a limited liability company to become more and more common and frequent , the resulting disputes is also increasing , especially effective exercise of shareholders' pre-emptive rights issues are increasingly prominent . Therefore, effective safeguards the legitimate rights and interests of the shareholders and reasonably be expected to consider , reflects the depth and rational discussion of the necessity of shareholders ' pre-emptive rights regime , hoping to find relatively reasonable solution for the protection of shareholders' pre-emptive rights regime value full play. In China, the Company Law since 1993 after three revisions , revised in 2005 , the Companies Act expressly provides that the shareholders' pre-emptive rights , but the exercise of this right specific provisions too rough , the apparent lack of operability ; but in academia, the theoretical study of the shareholders' pre-emptive rights at home and abroad has been carried out in full swing and achieved important results , many countries on the basis of the legislative practice has also made a significant social effect , China has important reference. To the pre-emptive rights of the shareholders as a core topic of the nature of the shareholders' pre-emptive rights in China , on the basis of analysis of the advanced legislative experience , exercise , legal protection of important theoretical and practical issues focus on analysis , hoping in this clear on the basis of the personal point of view , a unique insight .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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