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The Study on the Legal System of Treasury Share

Author: ZhanLuanYin
Tutor: HeSongMing
School: Ningbo University
Course: Civil and Commercial Law
Keywords: treasury share share repurchase legislative models corporation law
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 41
Quote: 0
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Abstract


The system of treasury share appeared firstly in U.S.A., in recent years, as the system of treasury share is help for promoting share price, averting crisis and improving the operational capability of company, various countries have relaxed restrictions on the system of treasury share. The system of treasury share for our country is a new thing, the new "Company Law" allowed the company to obtain and hold their own shares under the certain conditions, essentially ,the new "Company Law" accept the system of treasury share. However, our country’s treasury share system is still in the initial stage, the relevant law is not perfect. Therefore, this paper based on the basic system of treasury shares and foreign legislations, analyze the system of treasury share in our practice and the relevant law. Finally, to perfect our system of treasury shares made some suggestions.The first part describes the concept, characteristics, development history and doctrines of treasury shares. Focus on the doctrines of treasury shares, through treasury shares of the description and analysis of theories, summarized the superiority of treasury share system.The second part analyzes the legislative model of treasury share and the value. First of all, introduced the United States legislative model and Germany legislative model and analyze the advantages and disadvantages of the two legislative models. Second, analyzed the system of treasury share, include of efficiency and justice values.The third part describes the practice of treasury shares and the relevant laws in our country. This section include of two aspects: First, introduce the practice of treasury share system. Through the study on two different periods of case studies discuss the problem of the implementation process may lead. Second, introduce the law of the treasury share system in our country and analyze its shortcomings.The fourth part is mainly targeted at making relevant suggestions on improvement of treasury share system in our country. This section based on the defect of our country’s law and the advanced foreign legislation made some improve measures. The measures include of expanding the scope of the acquisition of treasury share, improving the share buy-back of specific norms, improving the company’s illegal purchase of legal regulation and improving the regulation of the evading law behaviors.

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