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China’s Voting Trust System Construction

Posted on:2013-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:F L YangFull Text:PDF
GTID:2246330374950909Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The voting trust is a combination of the voting rights exercised indirectlymechanism with the traditional trust system, eventually reach the company’sacquisition of control or retain,through the exercise of voting power or concentrateduse, in practice, showing unique institutional strengths on the balance of the interestsof shareholders, optimize displayed on a unique institutional strengths in the corporategovernance structure, to facilitate corporate financing, the acquisition of control ormaintain, etc, are widely used in the commercial sphere, is an important institution inthe United States. Although our existing law does not require the Voting Trust, but thecase of its application in China in recent years gradually increased, therefore, clearfrom the legislative provisions of the Voting Trust system, to regulate their operation,to prevent abuse has been imminent. In this paper, use the following method: themethod of semantic analysis, elaborate on the concept and legal requirements;Comparison of research methods, comparative analysis on a representative national orregional legislation; Normative analysis method, To do a systematic analysis ofrelevant laws and regulations of the Company Law, Trust Law; Case analysis: withChina’s typical voting trust case study. The article combines the relevant provisions ofChinese law,focus on the emerging edge of the cross-disciplinary and interdisciplinaryresearch, built from the legal point of view, systems, and comprehensive, in-depthexposition of the system of voting trust.
Keywords/Search Tags:Voting trust, Company controlling rights, Voting trust certificateholders
PDF Full Text Request
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