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Study on Legal Remedies for Corporate Deadlock

Author: SunYuMei
Tutor: JiaDengXun
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Company Law Company impasse Legal Remedies Perfect
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract


According to Black's Law Dictionary definition stalemate closed shareholding company in the control structure to allow one or more do not agree with some aspects of policy , decision-making of the shareholder or shareholders factions prevent normal operation of the continuous stalemate status. The company as a market economy, the main body, carrying the interests of shareholders , creditors . The corporate deadlock in the presence of the company , shareholders and society will produce adverse effects. The view from the judicial practice at home and abroad , the countries are relatively great importance for a variety of ways to solve the corporate deadlock dissolution proceedings instituted by the shareholders , but also more careful . The corporate deadlock deeper reason is that the company's institutional arrangements and co-authored atresia organizational forms . Since the reform and opening up , the co limited liability company in China appeared in large numbers . Has been , the legislation did not made ??the company impasse corresponding provisions of the new Section 183 of the Companies Act , the provisions of principle if the stalemate , qualifying shareholders can start judicial means to dissolve the company . Provisions of Companies Act explain ( b) first to sixth Judicial Dissolution of specific steps . The relevant legislative provisions made ??the company the deadlock , but exists to solve the way to a single , provisions too principle . The existence of these problems are not conducive to the settlement of the deadlock in the judicial practice . Selected cases as a starting point , the definition of corporate deadlock , causes , types extremely legal remedies as the object of study, combined with visits to the practice of foreign Companies Act , in accordance with the law theory , within the existing legal framework , legal remedies in line with China's actual situation . Shareholders of self-help is a way to solve the company impasse shareholders through the Shareholders' Agreement or the Articles of Association of the Company agreed solution company impasse appears , give full play to the the advance preventive effect of the Articles of Association of the Company . Reference to the operation of the Companies Act , the proposed provisions of the Companies Act legislation , judicial practice while doing some research into the specific operation of the Companies Act .

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