Research On The Practice Of Stated-owned Equity Transfer

Based on defining what are state-owned equity as well as its transfer, this paper will comment on the existing laws and regulations on the state-owned equity transfer, clarify that the state-owned equity transfer should practice according to the laws and that procedural justice is indispensable. There is no substantial justice without procedural justice. By analyzing the risks and the preventions of the above risks in state-owned equity transfer, the author points that lawyers should make good use of the chance that the legal opinions issued by are necessary in state-owned equity transfer to implement the "sunshine trading" policy, so as to watch out for loss of state assets and increase the value of enterprises.There is not a way to transfer state-owned equity once and for all,what we can do is to offer guidance according to specific conditions.As we all know, "Open different locks with different keys",we should boldly explore the new ways of system innovation.Based on the author's own practice in state-owned equity transfer, this article puts forward several institutional innovations:To break through the constraints of the rules, by modifying the Articles of Associations to make the equity transfer be in accordance with the provisions of Company Law, allow shareholders not to succumb to improper procedures.To focus on the balance of the interests of both employers and workers, seize the opportunity to develop programs about workers settlement, social security, employment contracts, (especially the continue, change or disarmament contracts with disabilities), as well as the social insurance of workers, so that the safeguard of legitimate rights and interests of the workers is embodied in the bidding documents.The state-owned equity transfer make sure that the disabled employees live happier and more dignity. In the process of state-owned equity transfer, the lawyer should face difficulties bravely and not hesitate to help the weaks.The value of a lawyer realizes when the practice of the equity transfer implements successfully.