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Brief Analysis Of Company Of The Expulsion Of The Problem

Posted on:2013-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2256330392965341Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
“Shareholder de-listing" refers to illegal or breach of contract case, a shareholderfrom other shareholders by the shareholders’ meeting resolution to remove his namefrom the list, thereby depriving the system of qualification of its shareholders. Relatedto shareholder removal of the major interests of the shareholders, the company willhave a significant impact, therefore, the shareholders removed from the system haveexperienced a ban struck off to strictly limit the removal of the "process. China’sCompany Law does not require shareholders removed from the system, but just theimplementation of the Companies Act explained that "judicial interpretation to theprovisions of the system. This system compared with the other system to solve thecompany’s impasse, the shareholders removed from the system is irreplaceable,important and positive significance for the legitimate rights and interests of theCompany and its shareholders. But also from an economic point of view, itcontributes to cost savings and shareholder incentive to invest. Thus facilitating theconstruction of China’s harmonious society. Given the important position of theshareholders of the system, the paper first discusses the necessity and feasibility ofbuilding shareholder in China removed from the system, followed by Westerncountries, particularly Germany, Italy, the shareholders of these countries removedfrom the system of comparison and reference, the last of China has just introduced theCompanies Act explained clear the provisions of the Third and the system has someshortcomings, though it is the judicial interpretation in the three innovations, butfundamental, operate vulnerability and risk, and there is no explicit proceduralrequirements, and thus the system more explicit and more specific provisions.Specifically, the article is divided into four parts, as follows:The first chapter discusses the concept of removal of the shareholders, thecharacteristics, background and reference from Western countries, and so on. Thesestudies can be removed from the system to the shareholders to form athrough understanding.The second chapter discusses the need to determine the shareholders removedfrom the subject, and the shortcomings and gaps of the existing of shareholdersremoved from the system were analyzed.The third chapter discusses the shareholders removed from the system to get abetter application in judicial practice, and then put forward some preliminary, that thepractical maintenance of stability and development of the company has played apositive significance.
Keywords/Search Tags:limited liability companies, shareholders delisting, relief
PDF Full Text Request
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