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Non-legitimate company Legal Issues related transactions

Author: TanWenMing
Tutor: XiaoHaiJun
School: Hunan University
Course: Civil and Commercial Law
Keywords: Improper related party transactions Related people Minority shareholders Damages Disgorgement
CLC: D912.29
Type: Master's thesis
Year: 2009
Downloads: 281
Quote: 3
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Abstract


Related transactions according to the nature of the related party transactions are divided into legitimate and non- legitimate related party transactions. Facilitate legitimate trade related transactions because efficiency should be protected by law , improper related party transactions Related parties because improper control , serious damage to the company, minority shareholders, the interests of creditors of the company , the impact of the market economy healthy, stable and sustainable, effective development of the national economy is extremely unfavorable. Therefore, the need to strengthen supervision. Non- related transaction is legitimate status in control parties to the transaction related to abuse of control and influence relationships exist , contrary to fair , lawful and civil law principle of good faith , to the detriment of the counterparty or counterparties have an interest in other non-related people ( such as minority shareholders, creditors , etc. ) of interest, would prejudice the normal social and economic order , and ultimately harm the economic interests of the community as a whole . First, non-legitimate purposes related transactions from improper trading , transaction violate the principle of fairness and the three aspects of unfair trading results be considered as a standard , and from the identity of the person associated with the transaction content , asset turnover direction as the standard for different categories . Which divided by the identity associated with non- controlling shareholders and directors are non- legitimate legitimate related party transactions is significant related party transactions , which explore the non- legitimate civil liability related transaction has an important role . Secondly, the related party transactions in the event of non-legitimate , the company will be on the slave , minority shareholders, creditors of the company have different hazards associated person shall bear civil liability . Non-legitimate civil liability related party transactions of major stockholders revocable, non- legitimate transactions and contracts associated with the revocation , damages and companies associated with non- legitimate transactions shall be included . Affiliated companies , minority shareholders, creditors of the company can be derived respectively, through litigation , direct action , the principle of piercing the corporate veil , Equitable Subordination to maintain their respective rights .

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