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A Research On Voting Tust System Legislation Of China

Posted on:2012-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2166330338495017Subject:Civil and Commercial Law
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Voting trust is set up by two or more shareholders. For a fixed period, they irrevocably transfer the legal title to their stock to one or more voting trustees in exchange for voting trust certificates for a like number of shares, which are issued by voting trustees in their name. The voting trust certificates belong to shareholders which suggest the right to all dividends received by the trustees and the certificates can be transferred freely like the shares. The voting trust is dated back to around 140 years in America, which is an innovation in the company domain and trust domain. The voting trust system shows its great merits through the execution of voting rights indirectly. This thesis has four parts:ChapterⅠmainly introduce the concept of the voting trust. After a list of different concepts home and abroad, we have a conclusion that the most controversy about the voting trust is what the object of voting trust, voting right or stock right. I assume the object should be the voting right after analyzing its essence and characteristics. In order to have a deep understanding of voting trust, I compare it with other similar systems.ChapterⅡintroduces the development of voting trust in different countries. The voting trust was created in America, and is transferred to other countries gradually.ChapterⅢpoints that will solve such problems as the lack of protections for minority shareholders'rights, It is also a significant means of improving the efficiency of the company, and also can protect the interests of the loaners. In addition to the above value, the author also demonstrates its unique functions to the specific problems in Chinese capital market. The author also elaborates and analyses the limitations of voting trust.ChapterⅣdiscusses that in order to apply the voting trust perfectly we must take into account how to perfect our voting trust system. The answer is to constitute the specific regulations of voting trust according to the formation of the clause of Corporation Law and the related clause of the Trust Law. Besides that, this part points that the necessity of perfecting the Anti-monopoly Law,Revenue Law and Securities Law and other systems of the shareholder's rights in our country. Only this, the voting trust will have an extensive application in China and make it play the positive and unique role on our economical development.
Keywords/Search Tags:Voting Right, Trust, Voting Trust, Right of Control
PDF Full Text Request
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