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Discussion on Legal Problems in the Liability Company in PRC

Author: LiuYuXiang
Tutor: LiuJinYe
School: Shanxi University of Finance
Course: Economic Law
Keywords: Co., Ltd. Dormant shareholders Shareholder qualification
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 183
Quote: 0
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Abstract


Dormant shareholder, significant shareholder disputes between third person limited liability company run extremely common. Academic point of view different opinions, judicial precedents are not uniform, which increase the difficulty of dealing with such cases. Start from the basic theory of dormant shareholders combined judicial case analysis of the of dormant shareholders of identified standards. Dormant shareholder is divided into a dormant shareholder of dormant shareholders to circumvent the law and circumvent the law from the social standard angle of Economic Law, and the difference between the different legal status of dormant shareholders. The paper is divided into three parts, introduction, body, conclusion of which the body is divided into five chapters. The first chapter deals with the general theory of dormant shareholders of a limited liability company. First analysis of the concept of anonymous shareholders, followed by analysis of the characteristics of dormant shareholders, to reveal the meaning of dormant shareholders. Finally, analysis of the causes of dormant shareholders. Through this part so that we understand the basic theory of dormant shareholders. The second chapter describes the developed countries dormant shareholder status quo, introduced civil law and common law countries dormant shareholders regulation to provide a reference for for our undisclosed investment disputes resolved. The third chapter describes the status quo of China's dormant shareholders. The first chapter describes our dormant shareholder qualification recognized legal standards. Including the denial of that, certainly, except that. Then Unnamed shareholder qualification process to follow the concept. Elaborated the legal norms of the limited liability company shall safeguard the public interest, to protect the authority of law and predictability. The final chapter from the perspective of society based dormant shareholders made a distinction between divided to circumvent the law of dormant shareholders and non-circumvention laws undisclosed shareholders to make a different and a different legal status qualification. The fourth chapter discusses the rights and obligations of the more common judicial practice of dormant shareholders disputes. By invoking judicial cases, the typed description of the the undisclosed investment disputes complexity and the on the basis of the analysis of the case put forward ideas to solve all kinds of cases, and propose how to prevent and resolve the existing conditions undisclosed investment risk. The fifth chapter is the legal measures to improve the system of dormant shareholders of a limited liability company in China. Then put forward some regulatory proposals by the analysis of the of dormant shareholders legislation in China the status quo. This chapter introduces informal legal norms trial company disputes Provisions of the Supreme People's Court promulgated, it is recommended that China should further improve the legislation, it is recommended that the concept of legal certainty dormant shareholders. The undisclosed investment problems in the long run to solve undisclosed investment entities introducing trust mechanisms to regulate the rights and obligations. Conclusion section summarizes the full text of the proposed revisions to the laws of our country caused by the a dormant investment of unreasonable provisions. Such as the abolition of the unequal treatment of a variety of different ownership rather enjoy modify the law significantly with the mandatory requirements of the planned economy, and to eliminate unnecessary administrative approval and intervention. Fair competition and protect market players to maintain the healthy operation of the market economy.

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