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Research on the System of Classified Shares in China

Author: ShiYingYu
Tutor: DengHui
School: Jiangxi University of Finance
Course: Civil and Commercial Law
Keywords: classified shares company law balance of interests
CLC: F276.6
Type: Master's thesis
Year: 2009
Downloads: 113
Quote: 2
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Abstract


Classified shares has a long history in the development of corporate in China. Tradable shares and non-tradable shares are of Chinese characteristics, A shares of domestic shares and B shares of foreign shares are familiar with the masses, the preferred shares has preliminary development, the voting of public shares has been widely discussed. But so far, there is no formal and comprehensive system of classified shares in the level of company law in China.In order to meet the needs of diversification of investment and the demand for funds, companies issue different types of shares instead of single share in it’s development practices. They are called classified shares due to their difference from the rights on allocation of profit, voting, conversion, repurchase and so on. The system of classified shares coordinate tradiction of funding demander and provider, avoid share diluting or spreading. Establishing a system of classified shares in our country is beneficial for Chinese enterprises to provide diversified financing instruments, explore various investment channels, improve domestic venture capital industry and ease the current financial crisis.At the same time, balancing the interests of classified shareholders and ensuring the absorption of capital , the boundaries of company autonomy and national laws become the question. It is urgent to establish a comprehensive system of classified shares in China.In view of Chinese civil law tradition and the existing practice of classified shares, it is proposed to distinction between peremptory norms and licensing norms. The characteristics, content, operation procedures of classified shares should be clearly defined, corporates can choose which they need; a sound system of classified shareholders of the general assembly to balance the interests of diffierent shareholders; ensure the relief measures of classified shares; guide the development of the articles of association; strengthen its support system. Besides the above, the comprehensive study of the system, as well as the ability of judicial officers to deal with such cases should be improved.

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CLC: > Economic > Economic planning and management > Enterprise economy > A variety of enterprise and economic > Company
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