Perfection Of The System On The Appraisal Right Of Dissent Shareholders For Share Repurchase In China

The appraisal right of dissent shareholders means that the man who has objection to the company's significant transaction items,adopted by the principle of "Majority Consent" has the rights of appraising the fair value of his stock according to legal procedures and requesting the company to buy his stock back,to realize his goal of retirement from the company.The system of the appraisal right of dissent shareholders is a effective measure in order to overcome the faults of "Majority Consent" and protect the benefits of small and medium shareholders,and balance the interests of all parties.On January 1st,2006,the new Company's law starts to execute officially,In the article,the system of the appraisal right of dissent shareholders was performed.This system provides advantageous safeguards for the interests of the small and medium shareholders,but it still has many deficiencies.The deficiencies of "company law" about the appraisal right of dissent shareholders were analysed and compared by the concept,theoretical foundation,nature of rights, function and defection.Furthermore,reconstructional scheme refered from the legislation examples of other country or region was introduced to protect the benefits of dissent shareholders...