Font Size: a A A

The Judicial Dissolution Of The Company Deadlock

Posted on:2010-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z D WangFull Text:PDF
GTID:2166360275979981Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In judicial practice, the company legal disputes have been growing problems, which has become the practical problems can not be avoided. The deadlock of company make it difficult to excute the decision, affecting the normal operation of the company and management. This not only affect the interests of the company, but also return of investment, therefore it endanger the interests of shareholders. However, In the financial crisis, more companies who have poor ability the of anti- risk face to corporate deadlock. Therefore, it is a real subject in judicial practice to explore the causes of the deadlock in the company to seek the legal means to break the deadlock in the company .This thesis introduced the deadlock of limited liability company in the first part in general, including its basic theory, types, causes and hazard analysis, etc.The second part of this thesis is about analysis of a preliminary judicial relief of the deadlock is being set up in China. In New Company Law ,only the provisions of article 183, the more the principle of the existence of the company's criteria for judging the deadlock over-the principle of the company relief deadlock means the dissolution of a single justice, the program is not clear, such as lack of judicial interpretation of the company although the criteria of the impasse and after the dissolution of the liquidation proceedings further, but there are still many details to be perfect.Introduction of the development and legislation of the deadlock in the company of the United States has been made in the third part of this article. The way to break the deadlock model of the company in the United States are mainly pre-charter arrangements, arbitration, the appointment of temporary directors, the designated supervisor, the forced dissolution of the shares bought and judicial system. I conducted comparative analysis of the various modes in detail to refer.We should adopt a wide range of crack patterns which had been mentioned in The fourth part. At this stage of our country, the dissolution of the company is the heart way to break the deadlock. We should not only affirm the importance of this way, but also see its lack of relief. So it is important to research on the alternative mode of judicial dissolution.
Keywords/Search Tags:Company deadlock, Judicial dissolution, Forced to buy shares, Mandatory separation of the company
PDF Full Text Request
Related items