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A Study On The Legal Issues Of The Shareholders' Transfer Of State - Owned Shareholders

Posted on:2016-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:X F JiaFull Text:PDF
GTID:2176330467993393Subject:Law
Abstract/Summary:PDF Full Text Request
There are many laws and regulations about the State-owned shareholders transfer the listed companies’shares in our country, such as securities law, the law of our state-owned enterprises, The interim regulations on the state-owned assets supervision and administration, Measures for the management of enterprise property right registration of state-owned assets,Enterprise property right registration of state-owned assets management way of implementing rules, the interim measures of Transfer of state-owned property rights management,the interim measures of the assessment of state-owned assets management, etc. But these laws set up a complicated procedure for the free transfer, these will may be the cause of the state-owned shareholder transfers of obstacles, at the same time, we are lack of corresponding regulations about how to supervise the process of gratuitous transfer of state-owned assets, this article is based on the share transfer of the related party relationship, the relationship between the comb and the relationship between the stakeholders in the process of free transfer process, and do the further research on the supervise regulation of state-owned assets, to make the state-owned shareholder transfers of listed companies tend to be more reasonable and to be a perfect system.Through empirical research, theoretical research and comparative research method, combining with actual case, on the basis of legal theory, we get the source and the comparison of the foreign advanced legislation,make the legislation better. Thus we get the following conclusion:the free transfer of state-owned assets not only turn out of the parties’individual interests, but also the creditors, employees interests. Even has important influence of the good operation of China’s national economy. Behavior between state-owned companies to consider not only the efficiency of the commercial law emphasizes on, more to consider the safety of state-owned assets themselves. There should be the safety value is higher than the value of efficiency On transfers problem.
Keywords/Search Tags:free of charge transfer, Affiliated parties, Related party transactions, The state-owned assets supervision
PDF Full Text Request
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