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The Research on the System of Appraisal Rights of Dissent Shareholders

Author: ChenYuLing
Tutor: LiGuangLu；QinYong
School: China University of Petroleum
Course: Economic Law
Keywords: Dissenting Shareholder Buyback Rights Problem Countermeasure
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 136
Quote: 1
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Abstract


Dissenting shareholders share repurchase claims, is the significant events of the Company resolves the general meeting of the shareholders of the Company is based on the capital majority vote against these significant changes , the minority shareholders the right to object , and enjoys the request back to the company at a fair price redeem their shares, the rights of the Company to exit . The essence of that right in considering the interests of the majority of shareholders under the premise , to take measures to compensate minority interests , to provide a fair exit way , to finally achieve a balance between fairness and efficiency . The system originated in the United States, as the Modern Company Law Capital Majority decision under the principle of the protection of minority shareholders of a typical system design is to promote China 's amendments to the Company Law of the People 's Republic of China in 2005 , also added two provisions , the buyback of shares of dissenting shareholders rights system made ??it clear that . This system effectively protect the interests of small shareholders , but there are still a lot of inadequacies . The general theory of this article from the introductory dissenting shareholders share buyback right system analysis, system functions , legal basis , analyzes the United States and other countries and regions, dissenting shareholders share buyback right system , while Article 75 of Law in China and section 143 of the assessment, that our dissenting shareholders share buy-back system of the right to request the presence of defects , mainly in the following aspects: 1, range requirements of the applicable shareholders vague and narrow ; narrow the provisions of the applicable company-wide ; 3 , for the specific scope of the provisions are too narrow ; 4, lack of exercise program ; 5 simple pricing , share repurchases ; 6 , justice, the burden of the assessment fee provisions fuzzy . For the above defects , drawing on the experience of shares of dissenting shareholders to repurchase the right to request the legislation system more mature countries and regions , proposed measures to improve the system of our country , in order to improve the contribution of the repurchase of shares of dissenting shareholders the right to request system own modest.

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