Employee-owned Carrier Legal Issues Research In China

From a legal point of view, the ESOP is defined as a staff to enjoy the legal relationship of the company’s equity. The ESOP later became the American workers access to corporate ownership in the1950s, the system, a form of participation in welfare distribution and tax. The United States is the main form of leveraged holding Fund Trust shares for the purpose of incentive for the carrier, of share options, compared to the employee stock ownership initially only the problem of the Property subject in the restructuring of state-owned property rights, financing difficulties, business efficiency low and so the tools. ESOP in China later in the West more than30years, experienced a state-owned enterprises and joint-stock enterprises, full ownership or on behalf of the holders of the stage, senior managers and other equity incentive stage, and Shareholding incentive stage.In case there is no unified Employee Stock Ownership Plan backing the "Company Law" to limit the number of shareholders, a single employee stock ownership need to find a new carrier for the evasion of law. The ESOP Carrier are divided into direct holdings and indirect holdings. Direct shareholding carrier single employees, the form of indirect stake in the carrier staff on behalf of the holders of partnership holdings, employee stock ownership holdings of corporate shares and trust holdings.Vector of these types of employee stock ownership, the ESOP Association as the first legal ownership vector, but in2004was to cancel the business registration qualifications, and legal obstacles for the listing of companies. The staff trust holding trust holding has apparently become the alternative is the best carrier of the ESOP Association. The staff trust holding its theoretical basis is the lever holding and commissioned holding theory. Play a role in the limit the number of corporate shareholders and the shareholders the right line and still purchase shares of funding sources play an important role. Staff trust holding legal relationship between the principal scope of the rights in law and in practice the uncertainty caused by the employees and the Trust often controversial. But foreign laws and regulations, combined with our specific case scenario analysis, you can still find effective trust holding in the legal remedies.