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Research On Protection About The Interests Of The Creditors For Related Enterprises In Law System

Posted on:2009-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2166360275457523Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Related enterprises between enterprises are to achieve specific economic goals through specific means of the formation of a joint enterprise between. Related enterprises development of the modern corporate system in the emergence of a new trend has now become an economic reality. It is not only a reality, and is an ideal form of business organization, compared with a single enterprise; it is more large-scale and competitive. With a large number of multinational companies, affiliated enterprises has attracted international attention, resulting from the transactions to evade taxes, the transfer of property and a series of legal problem attracts jurists'and legislators'attention. The emergence of related enterprises, and increased investment risk creditors, for example, the company created by the investment of capital, as well as inter-company inflated unfair affiliated transactions, creditors have made the basis for the company's credit difficult to make judgments in related enterprises control and subordination between affiliated companies seriously affected the expression of the will of the independent, not affiliated company's property companies own subordination to the effective control and management, and often inflict harm the interests of the creditors, it is difficult to guarantee the safety of transactions in the community, social integrity of serious deficiencies . I am afraid this is not a company benefit, and the issue of erosion of a creditor, it may trigger a whole order of the market chaos and the collapse of credit mechanism. Therefore, improving China's company law legislation related enterprises, in order to protect the legitimate interests of creditors, and safeguarding social security transactions is very necessary. Related enterprises bring to the company a negative impact on creditors, who not only occurred in a prior investment decision-making, also produced after the completion of the investment behavior. This paper will address related enterprises to the current system of corporate creditors protecting the problems brought about in the former protection and relief after the different angles to explore and propose appropriate legal response.
Keywords/Search Tags:related enterprises, control companies, affiliated companies, to protect the interests of the creditors
PDF Full Text Request
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