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On the Appraisal Rights of Dissenters

Author: FangXiaoLian
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Legal
Keywords: Dissenting shareholder Shares (Equity) Repurchase The Appraisal Rights
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 0
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Abstract


January 1,2006 of the revised implementation《Company Law》added 75 and section 143 of the two laws the provisions of, respectively, a limited liability company to buy back company shares and the Corporation repurchase shares to of the corresponding Requirements, for the first time the introduction of shares (equity) repurchase of the company law system. However, as an important company law on the legal rights of minority shareholders to maintain the legal system objection to shareholders shares (equity) has implemented the right of repurchase request, the judicial practice in the specific operation still has many drawbacks and deficiencies. So I believe that it is necessary to make some study of the system, From the system origin, theoretical basis, the system constitutes a comparison of national legislation, the legislation of China on the system status and other aspects of the shortcomings of the necessary analysis, and corresponding improvement suggestions. Judicial practice related to staff the system can have a more clear understanding, and hope to further improve in the future shares of dissenting shareholder (right) of Right to repurchase the legislative work of reference and experience slightly. This article is divided into six parts, including the introduction, as follows:The first chapter is the objection to the shareholders of shares (right) Repurchase Request Overview. Described dissenting shareholder shares (equity) claim the legal system repurchase the basic concepts of content, doctrine and the system value, Understanding of shares, options, share repurchase, share buyback, shares of dissenting shareholder (equity) the right of repurchase request, objection to the basic concept of shareholder appraisal rights, and introduced the system of several major theories and the reality of the existence of the system value significance.Chapter II shares for the dissenting shareholder (right) form of Right to Repurchase Comparative Analysis. Full, detailed analysis of the dissenting shareholder shares (equity) the composition of repurchase claims system, including the main form (for the company and the type of shareholder dissent, applicable matters) and procedures constitute(Such as company objection should be informed in advance the right of shareholders to challenge; dissenting shareholder has written notice of objection to the company’s obligations; dissenting shareholder shall be in writing require the company to repurchase its shares obligation; dissenting shareholder to consult with the company; start of the proceedings requirements, etc.)Chapter III shares of dissenting shareholder (right) buy-back request system overview. Objection to the shareholders of the Company Law expounded shares (equity) of Right to Repurchase legislative progress, status and characteristics, pointing out shortcomings and defects.Chapter IV Shares of China’s objection to the shareholders (rights) repurchase claims system and its. Objection by the shareholders of the shares (equity) claim the legal system in theory, buy and legislation introduced on the analysis and comparison, From the two major aspects of physical and procedures specific, clearly improve the dissenting shareholder shares (equity) of Right to buy back the legislation.Chapter conclusion that shares of dissenting shareholder (equity) the right to repurchase request legislation is a major improvement, but should still be under the judicial practice of China’s national conditions and further improve the legislative or judicial.

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