Dissentient Shareholder Buyback Rights

The appraisal rights Refer to the rights of shareholders to dissent the decisions concerning fundmental changes of the corporation, and to ask the corporation buy back their shares with fare value. This system originated from the case of law of 19th century America and it is generally acknowledged to protect minority shareholders as a strong weapon. "The Company Law of the Peoples Republic of China", which has been amended and adopted at the 18th session of the Standing Commitee of the Tenth National Peoples Congress of the Peoples Republic of China on October 27.2005 has established the system. However this system is too sketchy to be Followed in Practice.It is in tended to analyzer elevant problems of the appraisal rights of dissenters through reviewing history and comparison. The faultiness of our country's statute and its application will also be a topic of the article to perfect the system. The articles to analyze the basic theories function evolution and jurisprudence base of the appraisal rights of dissenters. The overseas legislation on the appraisal rights will be introduced to perfect the relevant provisions of our country.The first part is an overview article, on the objection to the request of the shareholders the right to buy shares. This is to introduce some of the major objections to the request of the shareholders the right to buy shares in the history, definition, nature and theoretical basis.The article is the second part of the request object to the right of shareholders to buy back shares in the scope of application. This part will explore the weaknesses in China's legislation from the application of the type, the application of the specific circumstances, shareholders of the scope of application of these three areas, and make recommendations.The article is the fourth part of objection to the shareholders to determine the price of share repurchase. It is the objection to the request of the shareholders the right to repurchase shares in the core of the system is to achieve the interests of small shareholders to protect the key. This part focuses on the United States, Japan, Canada and other countries object to the shareholders of the share repurchase prices to determine the mode and the specific method of valuation, with a view of the judicial practice of China's legislative activities help.The article is the fifth objection to the request of the shareholders the right to repurchase shares in the exercise of the related issues. It introduced some of the major objections to the request of the shareholders the right to repurchase the shares lapse, the exemption and so on, to prevent the request object to the shareholders the right to repurchase shares of the abuse.