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Legal Study on the Problems of Corporation Deadlock

Author: WeiKaiFu
Tutor: YangDongHui
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Company Law Company impasse Judicial relief Perfect
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 58
Quote: 0
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Abstract


Company stalemate company decision-making or decision-making enforcement mechanism failure, not the normal functioning of the state. Company stalemate continued not only directly harm the interests of the company itself and the shareholders, and will affect the company's external stakeholders of the rise and fall of the company's existence. Company impasse in the modern corporate practices are common and multiple phenomenon, national legislation and judicial practice of corporate deadlock problem given the different levels of concern. Explore the company deadlock Cause of, seeking companies deadlock crack ways, both to respond to the Companies Act practice practical needs, but also to improve the the theory practical requirements of the Companies Act. Concerned about the legal issues involved in the corporate deadlock, corporate deadlock preliminary exploratory research, the original intention of writing. China from January 1, 2006 implementation of the newly revised Company Law of the People's Republic of China (hereinafter referred to as the new \Our new \while the provisions of operability is not strong. Through judicial interpretation, and improve the relevant regulations, and effectively protect the interests of the parties. However, the relief measures single, imperfect procedural mechanisms cause the company the deadlock still is a challenge in the judicial practice. Text to the implementation of the new Companies Act \within a legal framework suited to China's actual situation of legal remedies against company deadlock. Important part of the self-help of the shareholders of the Company, the company is also deadlock legal response. The shareholders agreed in the shareholders' agreement or the Articles of Association of the Company corporate deadlock handling in order to prevent the occurrence of corporate deadlock. Provisions in our existing legislation to force the dissolution of the company, the sound at the same time, it is recommended that additional compulsory acquisition of shares in the company legislation, such as temporary director of relief measures, while the compulsory dissolution and the compulsory acquisition of shares in a specific operation some discussed.

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