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On The Company Impasse Disadvantaged Shareholders' Equity Under Judicial Relief

Posted on:2007-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y DingFull Text:PDF
GTID:2206360185954291Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Corporation deadlock is one of the dissensions which often generated in closed corporations in the recent years. The related articles related on corporation deadlock is also a highlight in the Revision of Corporation Law in the year of 2005 Corporation deadlock makes the operation of the corporation in a mess, harms the interests of shareholders, brings the risk of perdition to the corporation. It is very important to find out causes of the deadlock and methods to solve it.The Corporation Law of 1994 has no provisions of judicial remedies because of lack of preparation in legislation, which makes the judge confused when dealing with such cases. It is a great progress in the legislation of Corporation Law of 2005 to allow judicial dissolution to the corporation deadlock. The Corporation Law of 2005 is still unperfected, because corporations in our country are underdevelopment, and corporation deadlock is a new question and deadlock theories are less mature than those of other countries. The author tries to analyze comprehensively the legislation of deadlock by introducing its definition, causes, categories and harms so as to find out limitation in legislation.In the thesis, the author derives problems of company deadlock from a case of the Corporation Law practices, and limits the discussion scope. The body of this thesis can be divided into four parts, the detailed contents are as follows:PartⅠdiscusses basic problems of company deadlock .This part first introduces the company concept of deadlock, then carries on a classification to the company deadlock according to different standards. The main content of this part is the analyses of the causes and harms of company deadlock. PartⅡdiscusses the remedies of shareholders'rights incompany deadlock. The author first discusses the necessity of judicial remedy of company deadlock and the theory foundation of judicial inference in company deadlock, then introduces a few more important methods to company deadlock of some other counties in the world.PartⅢis mainly about the remedy methods of company deadlock– compulsory dismisses of the company requested by shareholders, which is the main point of this thesis. This part discusses in detail the judicatory dismiss system of the company in the 2006 Corporation Law, mainly concerning about the progress and blemish of deadlock items in the lawmaking provisions.PartⅣis about another judicial remedy of company deadlock– the fallback of shareholders. There is a clause in the 2006 Corporation Law providing that shareholders can fallback from the company under particular conditions, this clause is not provided for company deadlock . Topic begins with the premises that current legal system of China allows the shareholders stuck in deadlock to retire.Finally, the author points out that the system of judicial remedies for rights of stockholders in corporation deadlock will become perfect with further researches on corporation theories and progresses in legislation. The main purpose of the author is to attract the attention of the society on judicial remedies for the interests of stockholders.
Keywords/Search Tags:corporation deadlock, judicial remedy, judicial dissolution, stockholder fallback
PDF Full Text Request
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