Study Of The Esop Trust The Legal System

Employee stock ownership trust (ESOT), as the most popular form of foreign corporation practicing Employee stock ownership plan (ESOP), not only can promote the standardization of ESOP, but also i-ssues the purpose of it to realize effectively. The general meeting of the stock holders is the current form of ESOP in our country, it requires trust, but hasn't trust machine-processed, and because of it's ambiguous essence and indefinite position, it is often foiled in our current legal system, also, leads to lots of substandard practice. However, our ESOP requires innovation urgently. It is important realistic significance to learn from the successful experiences home and abroad, recommend the trust machine-processed, and build up the system of ESOT to complete and regulate our system of ESOP. The thesis probes to this system from four parts.Part I is the introduction of the system of ESOT. This part defines the concept and essence of ESOT, investigates the legal structure and operation of foreign corporation's ESOT system, simultaneously, the thesis focuses on the exploring circumstance of ESOT system in our country.Part II analyzes the theoretical foundation of the system of ESOT. On the base of conclusion of the theoretical origin of the system of the staff and worker's possession of stock, the thesis extensively probes into the main aim and demands of foreign ESOP, and draws a conclusion of that ESOP is the perfect combination of the destination and method. The thesis interprets the functional value of trust in ESOP.Part III: The embarrassment and demands for trust in ESOT in our country. The thesis studies the current situation operating form, aim, and the legal nature and status of the general meeting of stockholders and points out that ESOT is the ideal choice and scientifically operating method of completion and standards of ESOP in China.Part IV: How to establish the legal system of ESOT. The thesis analyzes the feasibility of establishment of ESOT from the current legal source. Sequent, the thesis conceives concretely the designing .and operating programme and also discusses specially about such important problems as registration of trust, the favorablity of taxation and voting right of trust.