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Identification of Unfair Connected Transaction and Remedies for Minority Shareholders

Author: GuoQinHua
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: Related party transactions is not fair Unfair related party transactions identified Small Shareholders relief
CLC: D922.287
Type: Master's thesis
Year: 2009
Downloads: 94
Quote: 0
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Abstract


Related party transactions as a form of transaction widespread practice in our company , in particular, especially listed companies . Related party transactions as a transaction between related persons , can play a cost savings to achieve profit maximization . But at the same time , as a party to the transactions associated in a conflict of interest in the case , the possibility of using the control or influence over the company , and the unfair related transactions against the interests of the company or its minority shareholders , this situation is not uncommon in the corporate practice . This paper attempts starting from the point of view of the protection of minority shareholders ' rights , the identified around unfair related party transactions , as well as the unfair related transactions occurred after the rights of minority shareholders relief two legal regulation of perfecting the related party transactions . This paper is divided into four chapters . In the first chapter , the analysis of the basic concepts and essential characteristics of unfair related transactions , the cited unfair practice related party transactions manifestations . In the second chapter , the core issue around the related party transactions , that is not fair to the identification of related party transactions , approval from the related party transactions , information disclosure and real fairness specific analysis . In the third chapter , the equity principle of equality , in the perspective of fiduciary duty on the legal basis for the relief of minority shareholders , as well as in the related party transactions not fair , minority shareholders can take relief channel . In the fourth chapter , to explore the relevant laws to regulate related party transactions .

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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