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Study on the Legal Issues of the Corporation’s Reinvestment

Author: HuangWeiLin
Tutor: ChenQiWei
School: Nanchang University
Course: Economic Law
Keywords: transgenic investment capital inflated information disclosure objection to the shareholders the right to repurchase shares
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 65
Quote: 0
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Abstract


Companies to switch investments that the company will own the corporate property investment in other enterprises, making it the shareholders, entitled to its share of a series of legal acts. Companies to switch to investments in social and economic system driven by the continuous development of the company generated in the process of economic development and the inevitable product of capital flows. Companies to switch to investments not only reflect the Company’s independent personality, but also the need for optimal allocation of corporate resources. Countries and regions from the world of investment on the companies to switch to legislative point of view, civil law countries, the company’s reinvestment of the Legislation experienced by adherence to "ultra vires" to "deregulation" of a process. The early acts of the Company Law will be strictly limited to the company by operating activities authorized by law, and as the company has become the most important market players, the "ultra vires" has become the shackles of the company effective development, national laws began to change about the company reinvestment legislation. "German Stock Corporation Act," "French Listed Companies Act," and many state laws began to recognize the legitimacy of the investment companies to switch, at the same time they configure a series such as restrictions on voting rights, information disclosure is relatively restrictive regulations. Similar to the civil law system, common law will also strictly limit the investment companies to switch to the gradual relaxation of some countries on the "ultra vires" was amended to recognize the legitimacy of the company’s reinvestment, and disregard of corporate personality through the use of the system, "Deep Rock system" so restricted. Taiwan, China company law has always recognized the legitimacy of reinvestment, reinvestment of its restrictions on the fluctuation gradually relaxed. Compared with other countries and regions in the world, China’s legal system, the company relatively much later, but the development is faster. Our company system in combination with the development of China’s actual situation, learn from other countries, the company transferred on the basis of investment legislation, carried out from 1993, "Company Law" strictly limited to the 2005 "Companies Act" the transformation of a relatively limited. China’s 2005 "Company Law" to expand the scope of investments transferred, removed the main exception to the provisions of reinvestment, cancel the amount of the proportion of foreign investment restrictions and to require the company’s articles of association of the transfer of investment decisions. China’s "Law" in the provisions of the company’s reinvestment still many deficiencies, such as companies increase shareholder reinvestment risk, operators control the abuse of shareholder voting rights (general) meeting, capital inflated, related enterprises to avoid responsibility, and one companies to switch to investment risks. For companies to switch to investment legislation, inadequacies, can engage in the first defense and subsequent relief angle regulation, such as improving corporate capital system, corporate denial system, one company system, the information disclosure system to restrict the voting rights exercised, dissenting shareholder share repurchase The exercise request, improve the investment responsibility of companies to switch to a series of legal measures.

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