Dissertation > Excellent graduate degree dissertation topics show

Shareholders' pre-emptive rights regime Related Issues

Author: ZhangXiong
Tutor: DuTao
School: Fudan University
Course: Legal
Keywords: Equity Transfer Restrictions on the transfer system Double transfer Exercise rights of first refusal
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 168
Quote: 0
Read: Download Dissertation

Abstract


The system of shareholders pre-emptive rights in the field of company law has played an important role. Because the national economy has become more market-oriented, the existing The problems of system of shareholders pre-emptive rights in the field of company law in technology has become increasingly prominent, such as the procedural requirements are not perfect, some legal concepts are relatively vague, general principles of certain provisions has operational difficulties, resulting in the differences of the practice of uniform judicial practice. Thus, how to balance the interest between the stability of the human joining and the flow of private rights, how to grasp in practice reasonably and how to balance the interests between the right of first refusal and the third, become a problem worthy of study.This paper attempts to consider the theoretical basis of the system belong to the pre-emptive rights of shareholders as the lead point, more combines the practice of the current domestic situation, analyses and demonstrates the rules of transfer restriction, the conflict in the double transfer of share, the exercise right of first refusal in the theory and practice challenges faced in areas and so on, in order to make a number of problems to be solved on the feasibility of the proposals put forward. This article is divided into introduction, body and conclusion parts, body parts of four chapters.The first chapter focuses on the theoretical basis of the shareholders pre-emptive rights regime, primarily through the definition of the priority right, first refusal, the shareholders pre-emptive rights and other concepts, combined with the significance of the autonomy, maintaining co-author of shareholders, maximize efficiency and the third benefits, in the pre-emptive rights regime, to reveal the purpose and necessity of setting the shareholders pre-emptive rights regime. The second chapter introduces the basic regulations of share transfer restrictions in the existing company law, and through a combination the enactment of legislation of Japan, France and the United States and other countries to further clarify the practical significance of the principles of difference of stock transfer limited. The third chapter share transfer dispute with the typical cases as a starting point, by listing differences around the current judicial practice to analyze how to identify whether the equity transfer agreement in the double transfer is in effect, and try to learn from other laws of civil law to improve the proposed solution to the problem program. The fourth chapter discusses specific idea that how to improve the system of shareholders to exercise of preemption. By combining some typical problems and theoretical controversy encountered in the judicial practice, the author tries to provide the improvement programs and proposals by analyze defects and the corresponding of the provisions of Act 72 of the elaborate svstem of rules

Related Dissertations

  1. On Equity Interest Enforcement of Limited Liability Compang,D922.291.91
  2. On the Implementation of Shareholders’ Prioritized Purchase Right in the Limited Liability Company,D922.291.91
  3. Restrictions on Share Transfer of Limited Liability Company,D922.291.91
  4. Analysis on External Equity Transfer of Limited Liability Company,D922.291.91
  5. Study on the Exit Mechanism for Shareholders of Limited Liability Company and Its Improvement,D922.291.91
  6. Company deadlock prevention theory,D922.291.91
  7. On the limited liability company's shareholders pre-emptive rights,D922.291.91
  8. Integration of foreign investment in China 's M \u0026 A and M \u0026 A,F832.6
  9. A Legal Study of the Silent Partner,D922.291.91
  10. Analysis of Pricing of Equity Share Offer of Hualing Iron and Steel Group,F426.31
  11. 110 State Road, Beijing segment reconstruction project financing plan trust,F832.49
  12. Research on the Stockholder’s Preemption of Limited Liability Company,D912.29
  13. Studies of Legal Issues on Transfer of Shares in Limited Company,D922.291.91
  14. Limited liability company equity transfer efficacy study,D922.291.91
  15. The Regime Of The Transfer of Share Rights of a Company And Its Perfection,D922.291.91
  16. Economic Analysis of the mergers and acquisitions,F271
  17. Study on the Restriction on Transfer of Share in Listed Corporation,D922.291.91
  18. U.S. Equity Transfer Legal System,DD912.29
  19. Limited liability company equity transfer of the relevant legal issues,D922.291.91
  20. Limited liability company equity transfer effectiveness thematic studies,D922.291.91
  21. Limited liability company share transfer dispute the effectiveness Analysis,D922.291.91

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile