Study On The System Of Deprivation Of Share

Deprivation of share is a remedy system that the company or sponsor force shareholders or intolerable exit the company through legal procedures when they can't put up with their behavior of lacking integrity. The measure, which was the last remedy dead for shareholders to dismiss the company, has been widely used in the world. The case has been existed in practice and accepted by the court in the domestic, however, the new Corporate Law didn't prescribe, neither of the theory and the practice, which resulted in the different judgment, so, it is necessary to recommend this system and the author will analysis this system from a case in this essay.In the first and second chapter, according to the meaning of deprivation of share, the subject is defined as limited company, stock company, the founder of company in establishment. The essay will bring up the legal character, the Components of deprivation of share and compare it with the shareholders .Then, the essay will inspect legislation and jurisdiction of foreign countries to prove the system of deprivation of share is generally applied in foreign countries.In the third chapter, the essay will research the theory basis of Deprivation of share and believe that the system of deprivation of share does is not against the capital of maintaining principal, changeless principal, etc. Furthermore, the author believes that this system have advantages of simple, convenient compared with other remedy system. It is required to recommend this system to offset the shortcomings in legislation of our country.In the last chapter, the essay will analyze specific problem of deprivation of share, such as the subject of announcement, ascertaining the shareholders losing rights, deciding great particulars of a matter, the legal result, the legal program, the jurisdiction remedy to shareholders losing rights, etc. In order to result these problems, the author put forward his own tentative idea about the system of Deprivation of share. The author put forward herein the community of shareholders and integrity shareholders in two person's company who really represent the company to apply the deprived deed. The former become effective after making the decisions and noticing the deprived shareholders, while the latter need lodge a complaint and devise adjudge. The great particulars of a matter include not only the promise by constitution, but also the other behavior lacking integrity, such as the crime. The other shareholders have the first purchase rights for the deprived stock. The deprived shareholders have the justice relief right. Some system need set in the suit, such as converting duty. of furnishing evidence. To impawn must get Pawnee's degree.