Research On The Share Right Pledge

Share right pledge is that the pledgor creates the pledge with his share right as the subject matter in order to guarantee his debts. Pledge of corporate finance is an emerging technique, which is characterized by low cost compared with other security devices which is faster and more convenient. Especially for small and medium sized companies, the equity value of the pledge of more financial instruments provide a common means of financing other than other options.Today the law on the share pledge of the provisions is not clear. Therefore, this article focuses on combing all sectors of the provisions of law on the share pledge, and pledge to share a number of legal issues.This text which is about thirty thousand words is divided into five parts.The first part is an overview of equity pledge system. Firstly, this paper analyzes the concept of equity, and the nature of the legal characteristics of the different theories. In accordance with the contents of the different options, equity can be divided into a total benefits from the right and the right to benefit. The right of self-interest share included in the "distribution of dividends claims, distribution of company's remaining property claims, the right to request transfer of the equity transfer," and other rights are closely linked to equity pledge. Secondly, the authors agree with "the right of member's equity theory." The doctrine can be more satisfactory explanation of the nature of equity, that equity is a comprehensive right of the creditor is neither simple nor can be seen as the absolute property rights.The second part is the establishment of share pledge. First of all, taking into account the expectations and obtain financing through the equity pledge is often small businesses. So the author believes that equity should be the subject of pledge of shares the right of self-interest. Secondly, the author focuses on combing security law, as well as the relevant provisions in the Property Law and stressed the security law to correct the error. Finally, the author discussed the issue of equity collateral constraints, and lists several typical types of restrictions on share pledge. The third part is the equity pledge public notice system. This section describes the need for publicity Pledge, and has.combed the changes to China's relevant laws and regulations on the share pledge publicity.The fourth part examines the effect of share pledge. Firstly, the Paper involves the secured claim Pledge range and scope of the subject matter of equity collateral. Also, the Paper inspected the process of share pledge on the issue of damages claims and equity yields generated during the pledge.The fifth section discusses the rights and obligations of the parties pledged shares. Rights and obligations of the parties is the core of the equity pledge system, which need to focus on.This paper uses a value analysis, comparative study, interpretation of the law and the research methods of sociology of law. Some sectors of our system of law provisions on the share pledge are more messy and overlapping. The innovation of this paper is to sort out the Guarantee Law, Company Law, Property Law and the "industrial and commercial administration Pledge registration" and other laws and regulations. This paper describes the system of legal provisions on pledge of shares and the specific basis and method of application. The author hopes this article will put forward some new ideas for discussion.