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Research On China Employee Stock Ownership Plans Legal System

Posted on:2008-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:X W TaoFull Text:PDF
GTID:2166360242468113Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The employee stock ownership plans (ESOPs) refers to a kind of system which means that part of the company's shares is held by its employees, by which the employees take part in managing the enterprise, monitoring the enterprise and sharing the profit of the enterprise. Since 50's year last century, the ESOP was first put forward in the USA, it had soon aroused broad attention. With the society development of the economy and the law improving and perfecting, more and more countries and companies realized that the ESOPs can encourage employee to work hard, to improve the productive efficiency, to relax the contradiction between the employee and employer, to solve other inherent problems of company. Thus, it is becoming the trend of reform in the world. Since 80's year last century, the ESOP of west countries was introduced into china, and developed gradually. But the ESOP in China had led to some confusion, because there is absence of high-level law to regulate it and diversifying patterns and strong regional feature of the ESOP. This article analyzes the defects and the main legal problems of ESOP in China, on the basis of the Chinese current situation. Tries to draw on the legislation experiences of west countries, and puts forward that using trust to perfect Chinese ESOPs legal system. The main body of this article includes 3 parts, the preface, text, concluding. And the text includes four chapters.Chapter I Introduces the concept of ESOP. Compare the ESOP and employee shares, the narrow ESOP to the buyouts of management, stock options. The nature of ESOP positioning system for the welfare system, stock incentive system and a new form of property rights complex organizations. On this basis, expounded the ESOP system function and the development practical significance of China's enterprise system, and analysis of the ESOP and the relations in the legal system.Chapter 2 is devoted to the United States, Japan, France, Germany four countries enterprises ESOP development and the status quo, and finding its advantages and disadvantages of each assessment to identify our company ESOP.Chapter 3 introduces the historical development of the three phases from starting to explore on the country's ESOP to the rapid development then to continue to explore. And then from history to reality, analysis of the current system of ESOP companies in our country, the scope of shareholding workers , the investor form of shareholding workers, the proportion of ESOP shares, the exercise of ESOP shares, the trust mechanism of ESOP companies in China in the application of the tax incentives ESOP system of the status quo in seven areas, and pointing out that the existence of questions: 1. holdings of the welfare system, the serious tendency of short-term; 2. There are many ways in ESOP investors; 3. ESOP contrary to the principle of voluntary holdings; 4. ESOP would status is not clear , unable to effectively protect the legitimate rights and interests; 5. Trust no means to play its due effect, the trust relationship lack of legal support, and ancillary legal provisions inadequate.Chapter IV points out the general idea on the basis of China's companies to improve the legal system of ESOP proposal. First, we must use to resolve the ESOP trust system dilemma: we must determine the status of ESOP will clearly ESOP duty; clear ESOP trust the legal relationship to the right as a share holder of ESOP; Trust legal relationship object, clearly share holding workers special rights and obligations of the trust mechanism for the use of the trust mechanism to resolve ESOP shares reserved transfer and trade unions; broaden ESOP sources of funding channels. Moreover, we should improve the system of ESOP legislation First established in the ESOP company law system, to enact a separate law ESOP, and the second is improving the system of ESOP trust legislation and revision of the "National Social groups corporate registration and management Regulations " to establish ESOP will registration system, improve the tax system stake holdings trust.
Keywords/Search Tags:The employee stock ownership plans legal system, cooperation law perfect, The meeting of the employee stock ownership plans, trust
PDF Full Text Request
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