The Shareholder's Preemption Of The Limited Company

Shareholders'right of pre-emption, one of the rights of pre-emption, is designed to prevent shareholders on transferring their shares externally, maintain the people-unity nature of the limited company, and keep the operation stability of the company. With the development of market economy, the market dominates the optimization of resources allocation, and resource flow changes outstandingly, therefore, shareholders transfer their shares of limited companies more and more frequently, and there are more disputes on the right of pre-emption accordingly. A deep and rational research needs to be carried out on shareholders'pre-emption right from both theory and practice angles. This paper is divided into four chapters to explore and study shareholders'right of pre-emption. In Chapter 1, there is a study of the concept, characteristics and classification of pre-emption initially, and the historical development of Pre-emption following; Then, the paper focuses on the nature of shareholders'right of pre-emption, and claims that the right of pre-emption is a kind of debt. In Chapter II, there is an analysis on the philosophical foundation of pre-emption system first, then the legal basis of pre-emption right. Chapter III is first written on the main body of pre-emption right detailedly, then prerequisite of exertion of the pre-emption right briefly, following with the focus of the same conditions, finally, deadline and procedure to exercise the right of pre-emption. Chapterâ…£analyzes the constitutes on impinge of pre-emption, and two relief approaches.