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Equity System Of Notification Of Study

Posted on:2006-04-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Q SunFull Text:PDF
GTID:1116360152988023Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper focuses on the publicity of shareholder's rights, which as follows:The preface points out the importance of distinction of shareholders and the disputes among kinds of views on this topic. The goal of this paper is to construct some principle of shareholder distinction.Part I is the foundation of the whole paper. This part tells the theory behind share publicity and describes its systematic meaning.Part II compares shareholder's right and property right, and analyses the applicability of property right publicity on shareholder's right.In Part III, the author discusses the choice of shareholder's right publicity, which concludes that publicity through share certificate and register of shareholder is the best way. The choice of shareholder's right publicity is a result of the game between shareholder and company.Part IV puts its eyes on the interest conflicts arising out of the publicity of shareholder's right. The institutional arrangement of China and other countries is the main content.Part V studies the relationship between the publicity of shareholder's right and stock transfer. The main content of this part is about such topics as when a purshaser of shares become a shareholder, what role the share certificate and the register of shareholder play during the course of stock transfer and so on. A purchaser can enjoy the shareholder's right when he possesses a share certificate or get into the register of shareholder.Part VI is about the Central Securities Depositories (CSD). After give a legal interpretation to the procedure of securities' clearance and settlement, this dissertation points out the relationship between shareholders, security broker and CSD.Part VII analyses bona fide purchase of shares. The main cotent is about how to distinguish a bona fide purchaser from a malicious one.Part VIII discusses the legal relationship between anonymous invester, nominal shareholder and the third party. The shareholder who invests inadequate capital tocompany is another main topic. This paper upholds a formal standard for distinction of shareholders on these topics.Based on the above, the last part gives some suggestions to how to perfect the Company Law of PRC on the publicity of shareholder's right.
Keywords/Search Tags:shareholder's right, publicity, share certificate, register of shareholder, stock transfer
PDF Full Text Request
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