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The Research on the ESOP Legal Problems of Circulation

Author: TangJianGuo
Tutor: WangYuanMing；XiaoHeBao
School: Hunan University
Course: Civil and Commercial Law
Keywords: ESOP ESOP circulate Investment approach Retention period
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 56
Quote: 0
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Abstract


The system of Employee Stock Ownership, known as ESOP, was first originated in the United States. The system design and the superiority of institutional innovation make ESOP popular in the Western world and it has become a common economic phenomena. However, the ESOP was not born in China until the mid-80s of the last century, with China’s joint-stock reform of state-owned enterprises.In the process of its implementation in China, the ESOP can not avoid the cycle "failures, keep fighting". Therefore, our country has adopted a stringent approach to its circulation in the legislation. In legislation, our ESOP circulation system has the following deficiencies: the legislative provisions of the ESOP circulation are inconsistent with the related laws and regulations; the choice of legislation model can not solve practical problems, and yet brought about barriers to the ESOP circulation of our country; the specific provisions of local legislation are inconsistent with each other, and do not distinguish between restrictions of the ESOP circulation. In theoretical studies, there is no legislative analysis or comparison of Chinese and Western ESOP circulation, and there exists legislative oriented dislocation. Many problems, such as whether the ESOP can be transferred, its transfer objects, transfer mode and limitations, are in dispute. Although scholars have proposed to restrict ESOP circulations, but few concrete their proposals. The problems mentioned above become main factors to constrain China’s ESOP development. Therefore, this essay proposes to establish integrated legislation model, encourage the establishment of the ESOP, make the principled regulations for the specific issues of the ESOP, and revise the relevant laws and regulations. It is necessary to re-design the ESOP circulation mode with a combination of Legislation and corporate self-government. In the process of restricting ESOP circulation, we must discard the theory of the past, too harsh and legislative provisions. Instead, we should give full consideration to the source of employee stock ownership funding, together with the object and way of the circulation. We should adopt the tax, banking, financial and other incentives and system to retain a reasonable period, the circulation of the ESOP to reasonable restrictions. We adopt the tax, banking, financial and other incentives and proper retention period systems to restrict the ESOP circulation system reasonably.

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