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Solution to Obstruction in Exercising of Appraisal Rights of the Dissenters

Author: PingYan
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Legal
Keywords: appraisal rights of the dissenters theme precedure of appraisal resolution of the difficults
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 33
Quote: 0
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Abstract


The 75th of The corporation law of The People’s Republic Of China (2005) established the appraisal rights of dissenters which can protect minor stockholder’s interest when the corporation has materially change. The dissenters can require the corporation to purchase their stocks in equal price under the law.But the new law is too brave comparing with world’s others’mature corporation law in execution by the corporation ,the stockholders and the lay workers .It is not so good and completely at protection of the minor stockholders’right and interests.For example the law neither regulat the procedure about how to make the plea of the right nor the rule about calculating the fair price of the stock.The law don’t state who are supposed to bear the fee in the whole procedure and the cost of the professionals’. All the absences leads the practice of the appraisal to confusion.Finally the confusion reduce the efficiency of the cases’handling.The writer will on the view of the appraisal of the fair stock price in this thesis .Combine with the world’s corporation law and the practice,writer will elaborate the difficultes and confusion in the precedure of appraisal to show the writer’s understanding and advice.The realistic predicament is the best drive for system reform.Although the appraisal rights of dissenters has been established in Corporation Law,but the absences needs to improve and innovate.Only in this ,can it serve the shareholders more fairly and effective.

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