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Research On The Stagnation Mechanism Of Company

Posted on:2013-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2176330434470550Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of market economy in China, more and more deadlocks have emerged in close Corporation. Corporate deadlock becomes a social problem. The so-called corporation deadlock refers to a company’s effective movement failure,which can be caused by the conflict or contradiction of interest between different shareholders.The board or shareholders could not manage to hold any conference due to the rejection of their business partners, therefore, no proposal could be made by either side. And even though there is no problem with meeting process, all businesses of the company would still stay paralyzed, and so to all the bills. Not only corporations but also corporate shareholders are under the negative influence of corporate deadlocks. So the research of Corporation Deadlock, finding the way of overcoming Corporation Deadlock is of great realistic significance.This article discusses this problem from five parts. Just as follows:The first part is to define the concept of Corporation Deadlock, summarize the impasse’s character and classification, and analyze the causes of the stalemate and its harm. These basic studies are to form a broad deadlock awareness to find some crack-loss method.The second part is Corporation Deadlock prevention in advance, shareholder agree the solution of Corporation Deadlock in the company’s article of association.The third part is Corporation Deadlock judicial relief of foreign investigation. Elaborate the typical way to break the deadlock model of the company abroad, these measures mainly include judicial dissolution, the forced dissolution of the shares bought, the appointment of temporary directors, the forced division of a company, arbitration.I conduct analysis of the various modes in detail to refer.In the fourth part, the author analysis the present situation and improvement of judicial dissolution in 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 know its lack of relief. So it is important to research on the alternative mode of judicial dissolution. The fifth part is to build company impasse relief system.The Corporation law which was put in force on January1,2006paid attention to corporate deadlock, however, this is not enough to deal with all the trouble arising out of the deadlock. This paper is aiming at establishing plural system to redress the interest-related parties in the deadlock so as to perfect the related provisions in the Corporation Law in our country.
Keywords/Search Tags:Corporate deadlock, Close Corporate, Articles of Association, Judicial dissolution, Mandatory buyout
PDF Full Text Request
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