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Research on the Legal Protection System of Bona Fide Dormant Companies

Author: LiLi
Tutor: WeiGuoJun
School: Dalian Maritime University
Course: Legal
Keywords: Bona Fide Dormant Companies Protection System Concept Legal Existence Back to Operation
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 30
Quote: 0
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Abstract


In recent years, "dormant companies", as an existential state of corporate juridical persons, emerge in great quantity in China bringing in quite a few social problems. Meanwhile, our existing legislation does not have the concept of "dormant companies" or a complete related system, though we do have some relevant legal rules and judicial interpretation. Our existing legislation and legal studies mainly focus on the adverse effects brought by "dormant companies" ignoring dormant companies’positive functions on enterprises and the society. Making an objection to dormant companies, our existing legislation and legal studies do not allow their existence preventing their positive functions. Therefore, this thesis tries to define the concept of "dormant companies" suited to China’s laws of companies in order to perfect China’s system of dormant companies on the basis of bringing in advanced foreign experience in combination with China’s actual legislative situations. It concludes "dormant companies" into to two groups, the bona fide and the mala fide for the convenient study of the system of dormant companies. It also compares dormant companies with similar corporate states to better reveal its study object. It puts its study emphasis on the legal protection system of bona fide dormant companies on the basis of permitting the existence of bona fide dormant companies since our existing company laws and judicial interpretation have effective preventive rules on mala fide dormant companies but no protection on the bona fide. It makes discussion on the necessity of establishing the legal protection system of the bona fide through the analysis and study on the demand of dormant companies under our present situations. This thesis makes detailed proposals on the establishment of protection system of the bona fide in combination with advanced foreign legislative experience and domestic current situations in hope of contributing my meager strength to the exertion of the positive functions of bona fide dormant companies, to perfect the establishment of our dormant company system, to promote the overall and sound development of our judicial study under our socialistic market economy through the study in this thesis.

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