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The Research On The Property Institution Of Stock Cooperative

Posted on:2011-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y DuFull Text:PDF
GTID:2236330368477145Subject:Law
Abstract/Summary:PDF Full Text Request
Share the emergence of cooperatives, the rural industrial structure adjustment of China’s choice.The cooperative system has a dual character:cooperative institution and joint-stock system,is a cooperative system with a stock and a corporate form. For any economic organization, the ownership arrangements are extremely important, the relationship of ownership directly impact on the investor expectations. A clear system of property rights, shares of cooperatives, cooperatives for the sound development of China’s share of great significance.Cooperation in the classic tradition of property rights arrangements, recognition of individual members of the ultimate ownership of the property, join a company member does not affect ownership of property, adhere to the principles of democratic management and members of voluntary members and the General Assembly is the supreme decision-making body corporate. As a modern joint-stock form of ownership of an implementation, the nature does not have ownership, but in this form of business model, the separation of property and investors, with integrity, the implementation of enterprise legal person independent of the property rights system, income distribution is also in accordance with the legal rate,shareholder rights through the General Assembly realized. Shares of joint-stock cooperatives and the cooperative system is the integration of the advantages of the new business form, is a relatively independent status of the enterprise legal person or economic entity, the establishment of cooperative goal is to establish stock ownership defined power and responsibility, separation of enterprise and scientific management of modern enterprises. In practice, however, our property boundaries blurred stock cooperative enterprises, enterprises of all legal rights of shareholders in violations have occurred, the remaining companies the right to be mastered in a few hands of large shareholders and community leaders, marginalized minority shareholders may refrain from to the normal exercise, the formation of a "virtual power" corporate equity self-enclosed, a serious shortage of funds, lack of market pioneering spirit of enterprise. Modest share of cooperatives in promoting the improvement of China, first of all shares of cooperatives should be made clear the nature of the collective share ownership, to prevent excessive government intervention in the community; second contribution should be limited to members, to avoid manipulation of large companies control the remaining shareholders the right to make the marginalization of minority shareholders; equity transaction should be regulated again, the freedom to withdraw from the shareholders to establish system of safeguards to ensure the realization of the spirit of cooperation, but also for companies to raise development funds established practices, the final settlement must be clear rules for the making out of the market shares of the normal and orderly co-design of the system.
Keywords/Search Tags:Stock Cooperative, Property, Institutional arrangements
PDF Full Text Request
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