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Research On Standardizing Related Laws Of The Enterprise Groups

Posted on:2004-12-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:L P ShenFull Text:PDF
GTID:1116360092491341Subject:Business management
Abstract/Summary:PDF Full Text Request
We badly need a group of enterprise groups, which are competitive in world markets currently. We shall establish and develop such groups in no time, and draft legal system to defense them well.An enterprise group is an associated enterprise with different corporate body. It's connected by capitals and controlled by one central company with unified strategies. Its foundation is company. The jurisprudential foundation on the establishment of such company is legal person ownership and company act; it is the nucleus in this theory to clarify property right relationship between. Companies.Therefore this dissertation shows a completely new concept on company property and company ownership to correct the long existed mistakes in this field.This dissertation holds the following opinions:The intern of enterprise group is actually the relationship of parent company and its subsidiaries. The essential domination of parent company leads to infringing the benefits of subsidiaries and some shareholders. According to such phenomenon, this book suggests a legal resolution firmly based on the limited responsibility principles.Enterprise group can be initiated and strengthened mainly by purchasing and merger the companies. Company purchase is a transaction in which investors purchase partial complete shares in a target company to procure its control power, merger, in fact, is a process of absorbing and combining in the sense of company act. However, these definitions have been miss-used for many years, this dissertation explains how to use them properly from the legal connotation aspect and points out that we should draft a law concentrating on standard system of purchase revealed information and standard procession of purchase and merger as well. We should operate company merger and purchase sticking to the laws firmly, so that we can cure the congenital deficiency ok our enterprise group.The management system of enterprise group mainly includes administering and organizational structure. Administering structure is to set up and coordinate the interest relationship that is controlled and balanced among shareholder, director, manager, and supervisor. Organizational structure is to establish and standardize the functional operation between member companies in the group.According to this book's research, the shave reform of the enterprise group is an important method to build up a regular connection between parent company and its subsidiaries. It aims at setting up the legal form of enterprise. It's not necessary to use law to forbid or call for the hold-shares of the other companies. To promote enterprise group, we should motivate the listed operations based on the share reform .In addition to this, this dissertation analyses and proposes related resolutions and legal measures of safeguard.On the basis of the above expositions, the final conclusion is: we can't reform or standardize enterprise groups without corresponding law matures. The legislation of enterprise group should be based on regulating the relationship between their member companies. We should create a regular model of parent company and itssubsidiaries on the footing of company act. Meanwhile, The corresponding system of laws should be established as soon as possible in order to form a mutually connected and firmly united legislation system of Chinese companies and ensure and promote their development.
Keywords/Search Tags:Enterprise group, company, parent company and its subsidiaries, law
PDF Full Text Request
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