Equity Pledge Of Non-listed Companies

In the modern society,as the wealth is becoming apparent and papery, the pledge of stock rights is an innovation and breakthrough to the traditional security system which takes real object to be the subject matter. Along with the development of our country's market economy,the pledge of stock rights,as one of the new security methods,has so powerful functions of financing,security and benefits that gradually attract more and more people's attentions.However,China's current system for the pledge of stock rights is flawed with numerous defects,legislation on the system of stock rights pledge involved in different subjects of law such as Company Law,Securities Law and Guaranty Law of China,further more the prescriptions on the pledge of stock rights in the different branches of law are in mutual conflict,so it lacks the character of system.Though the publication of Property Law in China enriches the provisions on equity mortgage,our law is still not perfect in many problems,such as the rationality and operability.Therefore,this article,centered on the problem of the system of public of the pledge of stock rights of unlisted companies,makes a comprehensive research into the system of pledge of stock rights of China.This thesis start with displaying the problems of register of the pledge of stock rights,and analyzing the creation of the pledge rights of stock rights and practical problems.Further more,the thesis analyzes the result of the investigation, and focus on discussing the detail of the public method of the pledge of stock rights of unlisted companies in china.At last,I suggest that we can establish the mandated administration center of stock rights registration, which appertains to the Administration for Industry and Commerce,as a measure for perfecting the system of public of the pledge of stock rights of unlisted companies,with the author's hope to benefit theoretical study on pledge of stock rights and practices.In this dissertation,many approaches like interest,,comparative jurisprudence and positive economic analysis get used.To be detailed,there are four chapters in this dissertation.ChapterⅠis dedicated to the analysis on the reasons of the problems of pledge of stock rights in china.After the Property Law go into effect,the author had a investigation into the register of the pledge of stock rights of unlisted companies,in the way of calling the Administration for Industry and Commerce in some megapolises.And I found that most of the Administration for Industry and Commerce refused to register the pledge of shares or have different ways to register the pledge of stock rights,as there are some problems(such as ignoring the link up between the Property Law with the other laws,statutes,regulations) in the system of public of the pledge of stock rights of unlisted companies,which are established by the legislator.ChapterⅡis centered on the establishment of the pledge rights of stock rights。In this part,we analyzing the situation of the establishment of the pledge rights of stock rights in the other courtries,then analyzing the creation of the pledge of stock rights of unlisted companies in china. Further more,we summarizes the restrictions in the founder-member of the pledge of stock rights,director of the pledge of stock rights and so on in our country's legal system.ChapterⅢfocuses on the problem of the system of public of the pledge of stock rights of unlisted companies.Firstly,this chapter discusses the effect of public of the pledge of stock rights,and then focus on analyzing the detail of the public method of the pledge of stock rights of unlisted companies in china.Further more,I suggest that we can establish the mandated administration center of stock rights registration,which appertains to the Administration for Industry and Commerce,on the basis of the methods of the public of the pledge of stock rights of unlisted companies in other countries,then I have some detail discussion on the establish the mandated administration center of stock rights registration.ChapterⅣcomes to a conclusion.And it sums up the above-analyzed overview of the dissertation and shed my own thought about the perfecting of the system about the pledge of stock rights.