The Research On Some Problems Of Listing Corporation Equity Transfer

With the growth and development of the modern companies, equity is graduallybecoming the significant legal form of social fortune. Just as property of goods,trading and circulation of creditor’s rights, enormous equity circulation has alreadybecome the significant legal phenomena in the market economic society. However,because there are some problems existing in listed companies, like large scale,numerous shareholders and limitations of relevant legal provisions. Many kind oflegal problems are there in the process of equity transfer. And those problems willcause huge and bad influence, even harm effective configuration of social resourcesand the development of security market.In the process of application of listed companies, shareholders argue withdormant partner, State-owned equity assessment and imperfection of pricemechanism cause great lose of state-owned property, companies protect the rights oftheir staffs insufficiently. Besides, tax transfer price is complicated, and someonetransfers company assets by reducing equity transfer price, doing connectedtransactions, which are really harmful. Due to all these problems, The Securities andFutures Commission will concern more on commission shareholding. Special stockequity, the tax in the process of equity transfer,the process of related equity and thedetermining standard of the equity transaction price. They hope they can build up anecessary mechanism in the trade union, establish a mechanism combining with bothIntermediary institution assessment and the tax authorities, set up an affiliatedtransactions dynamic monitoring mechanism, and can improve the related rules ofinformation disclosure on affiliated transactions, by establishing and improving thestandard form of shareholder qualification and assessment, estimation ofstated-owned equity and mechanism of price. Those methods will solve the troubleand problems in practice effectively, ensure the company’s shareholders to clear theirexpected behavior of legal consequences, make sure their equity be achieved underlegal reasonable control in a free transfer of premise and reduce the risk of legalloophole and difference by doing every effort.