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Study Of The Shareholders In Changes In Ownership Of The Identified Qualifications

Posted on:2014-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:D H ChenFull Text:PDF
GTID:2266330425480833Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The identification of the title of the shareholders is frequently encountered by the companies during daily operations and the judges in the trials. However, neither the academic research on the theory nor the legislation relating to titles of shareholder is sufficient. The gap between demand and supply needs to be filled. When facing the cases related to identifying shareholders, the company managers as well as the judges do not have enough theoretical and legal basis, which has resulted in the lack of unified and applicable standards for both the companies’managers and the judiciary in the face of legal disputes related to the title of shareholders. For this matter, judgments of similar cases are often quite different. This phenomenon seriously undermines the unity and authority of the judiciary, so that we need to research on the issue involving title of the shareholders.This essay is divided into five parts except the introduction part:The first part is overview on the title of shareholders. By introducing the concept of" the title of shareholders ", I try to summarize the connotation. I begin with the definition of "title", and the phrase "title of shareholders. Third, I come to the meaning of the title of the shareholders. Then I analyze the relationship of the title of shareholders (qualitative) and equity (quantitative). The title of shareholder category comes at last. Above all, analyze different types of identification on different types of titles of shareholders if the identification happens during the change of equityThe second part emphasizes on the relationship between equity change and title of the shareholders. Firstly, discuss the nature of the four perspectives on equity to make a clear stake in the nature. Then discuss on the logical relationship of shareholders, the title and the equity to make it clear that the title of shareholders comes first which determine the shareholders of the Company and the rights and obligations of the them.The third part focuses on some major issues happened in the general shareholders’equity transfer on title of the shareholders, in order to summarize the applicable guidelines to determine the title of shareholder. Also in this part, the transfer of equity as the most common way of changes in equity will be analyzed in order to analyzed the procedures and the conditions in changes of equity to the determination of the title of shareholders.The last part is a summary of determination of title of shareholders during the changes in equity. And based on the research above, the title of shareholders in special types of changes in shareholders’ equity will be discussed. The analysis will be focused on the determination in divorce and inheritance.
Keywords/Search Tags:Title of the shareholder, change of equity, determination
PDF Full Text Request
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