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Appraisal Right of Dissent Shareholder in Limited Liability Company

Author: PanXin
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Dissenting shareholders Share Repurchase Claim Repurchase program
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 121
Quote: 2
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Abstract


The birth of the company's system along with the conflict of interest between shareholders and between the company and the creditors, the balance of the two types of conflict is the eternal problem of the Companies Law legal system development. When changes in the basic principles of the resolution of the company from the \This is difficult to reconcile the contradictions between the control status of minority shareholders. Minority shareholders became majority shareholder \\external transfer of the shares held in order to make a new investment arrangements, alternative to the original shareholders be manipulated to become a puppet of any investor willing to take over a company that has been controlled, while the majority of shareholders will be satisfied with the status quo lack of initiative to acquire the shares of the minority shareholders will. So for the fierce contradictions between the balance of the majority shareholders and minority shareholders caused by the adoption of the principle of the \. Function to increase the liquidity of the shares, the buyback of shares of dissenting shareholders rights system has the system more extraordinary significance for the limited liability company, because the limited liability company co-closed nature, when the majority of its shareholders with a few dramatic contradiction interests disputes between shareholders or the shareholders of the Company will be \require the company to repurchase its shares under the particular circumstances, it is the lack of liquidity of its shares in an optimum compensation, but also to protect the interests of its shareholders by the majority shareholders of unfair prejudice to the effective ways. 2005 China's new \However, due to various reasons, the legal provisions of the system is relatively shallow. Therefore, for the majority of the minority shareholders, when the conflict of interest between the majority shareholders and the company, also appear to be far less than expected to take advantage of the current legislative provisions to protect their own rights as a weapon, specifically manifested in the existing legislation on the objection the provisions of the shareholders share repurchase legal reasons is not appropriate, the right to make the claim of share repurchase shareholders too narrow, the lack of depth to facilitate the implementation of the share repurchase program. The interests of shares of dissenting shareholders the right to repurchase request system established in the current legislation and the company's creditors may be due to dissenting shareholders to exercise the right to request share repurchase risk made by the appropriate regulatory arrangements, so in this regard for the benefit of creditors. protection work is still room for improvement and perfection. Based on these reasons, this paper based on the look forward to protect the interests of shares of dissenting shareholders repurchase claims system behind the ideas and interests of equitable concept, discusses the importance of the system to protect the interests of the shareholders of a limited liability company, and in conjunction with the system the impact of the interests of the shareholders and creditors, and absorb the legislative experience of other countries on this issue, the perfect advice deficiencies exist in our legislation.

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