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On the Prevention to the Risks of Unlisted Company Stock Pledge

Author: ZhouJie
Tutor: FeiAnLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Non-listed companies Equity Pledge Legal risks Risk prevention
CLC: D922.287
Type: Master's thesis
Year: 2011
Downloads: 198
Quote: 0
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Abstract

\However, with the promulgation of the \Property Law implementation of the past two years, the share pledge system in practice is extensive use of the resulting large number of legal disputes and the lack of equity pledge system law exposed. On the the Equity Pledge practice survey based on, I found that listed companies compared to the equity pledge, share pledge of non-listed companies is greater because of the risk of the pledgee difficult for financiers to accept, but in practice the majority of small and medium enterprises and the urgent need to take advantage of the way the loan in order to solve the problem of lack of funds. Therefore, this study from the perspective of the pledgee interests protected equity pledge of non-listed companies risk prevention. Have risks the possibility of the equity pledge risk in the equity pledge, this article from the equity pledge right set up to the whole process of the implementation of its risk prevention are discussed. In addition to the Introduction and Conclusion sections, the paper is divided into five parts. Introduction to the first part of the non-listed company equity pledge. I first define the non-listed companies are unlisted shares liability company and limited liability companies, and the equity pledge is defined as the equity in the property rights only as a pledge of the subject. Then the risk of non-listed companies pledge summarized as pledgor moral risk, market risk and legal risk, and discusses the method of risk judgments. Finally, the author pointed out from the system value level security value is the fundamental pursuit of equity pledge system, this study also oriented to the pursuit of safety value. Risk implied by the equity pledge the subject of the second part of the non-listed companies and their prevention. The author believes that the equity pledge the risk of the non-listed companies rooted in equity as a pledge of the particularity of the subject of. Discusses options personal rights, changes in value, virtual possessive and illiquid characteristics, and these characteristics the pledgee of risk implied. Then, I discussed from the angle of risk prevention the pledgee should circumvent our legal restrictions on the transfer of the shares as the subject of the right quality, and risk assessment prior to the establishment of an equity pledge right response. The third part of the non-listed company equity pledge established risk prevention. I first right of pledge of non-listed companies in China to establish a way of legislation and practice were investigated. Then I focus on the \Finally, the author of the major countries of the civil law and the non-listed company equity pledge law analysis, based on combined the Equity Pledge practice of non-listed companies in China, the author puts forward the recommendations to improve the equity pledge of non-listed companies in China to set up . The fourth part of the non-listed company equity pledge during risk prevention. I believe that the risk comes mainly from the imperfections of legal the pledgee rights under the pledge during the pledgee. I believe that, to prevent the risk of equity pledge period should focus on the rights of the right quality system perfect. The author focuses on the preservation of the rights of the confrontation right measures to improve the preservation of the right of the right quality alert system should be established on the basis of analysis of the China Securities Company stock-secured loan management approach \I also confront and Matter subrogation rights and pledgee yield right to receive perfect given recommendations. The fifth part of the quality of the realization of the right of non-listed companies risk prevention. In this chapter, I believe that the equity risk is that the quality of the realization of the right the option priority claim particularities and non-listed companies on the equity transfer difficult. I believe that the quality of the realization of the right to prevent the non-listed company equity risk effective way of constructing the perfect non-listed company equity transfer market.

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