Study On Dissentient Shareholder Buyback Rights System

Looking at domestic Companies Act, more and more on the role of the protectionof shareholders’ equity. However, China’s company law is not good to play a role inprotection of shareholder rights. China’s new Company Law "for the first time providesfor dissentient shareholder repurchase claims system, which is a big step forward,"Company Law "to protect the interests of minority shareholders have a significant rolein promoting. However, China’s Company Law "time development is too short, thelegal system is not perfect, the arrangement of this system gradually in subsequentoperations showing the design of the system is incomplete, too framework of legalprovisions, in practice the operation more difficult.To improve the system for the purpose of different countries, different periods ofcomparative analysis of methods of analysis of the dissenting shareholder sharerepurchase request the right to deep-seated problems, and these issues are analyzed anddiscussed, proposed to improve the system recommendations.The main structure of this article is: the first chapter an overview of the share buy-backsystem. First of all defines the share buy-back system and its origins made theintroduction, followed by an analysis of its nature, and finally introduced the legal basisof the system.The second chapter uses a comparative analysis, comparing the law of differentcountries and different times of the system, which contains the contents of thesubstantive aspects and procedural aspects. Type of company, the substantive aspects ofthe system is applicable to the specific circumstances, the main types are analyzed, andmade a summary of the procedures for the exercise of the right program.Chapters III and IV of the dissenting shareholder repurchase request the right system isthe legislative status quo and improve the defect is the focus of this article, also made anemphasis on narrative. In the third chapter, the new "Company Law" in France on thesystem bar to proceed, analysis of China’s legal provisions on the system, and toidentify existing deficiencies, such as lack of interoperability, the scope of application istoo narrow and so on. For the defects of the above legislation, I proposed in Chapter IV,suggestions for improvement, clear and other proposals to include the perfect exerciseprogram and defeat the rights of the circumstances.