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Judicial relief on the impasse

Author: ZhangLiNa
Tutor: MeiShenShi
School: China University of Political Science
Course: Economic Law
Keywords: Corporation deadlock Prevention Judicial relief Judicial Dissolution Mandatory share exchange
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 37
Quote: 0
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Abstract


Company impasse in the modern corporate practice , in particular, are often prone to a kind of financial difficulties in the operation of the limited liability company , the company is in trouble , usually shaken the normal operation of the necessary basis of trust , shareholders , directors lack minimum level of trust , the shareholders or the board can not convene and through the effective resolution , resulting in a chaotic company , resulting in unnecessary loss of human , material, financial and other resources on the company's . The problem of the internal operating mechanism , will directly lead to an external chain of adverse reactions . As the main players in the market , the impasse will not only harm the company's own interests and the interests of shareholders , but also spread outside the company creditors to achieve debt contract relative performance of the contract . Therefore, the formation of corporate deadlock is bound to also market transactions, security , efficiency and even social stability and impact . Corporate deadlock , if you do not rely on judicial intervention is often difficult to resolve on its own to . The author is frequently encountered in practical work will be the consultant unit there was a deadlock situation by introducing the basic content of corporate deadlock , the company impasse causes of harm , judicial remedies to resolve the impasse , the Judicial Dissolution of the system to focus on analysis , by drawing the inside and outside the national legislation , as well as the \were analyzed. While China's Company Law , \Therefore, learn from Britain and other countries of the legislation , will force the equity swap mechanism as alternative relief measures for the solution of the company impasse , and look forward to in the near future to form a unified, coordinated, and a variety of impasse resolution mechanisms .

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