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The Study Of The Corporate Deadlock And Remedies

Posted on:2015-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2296330422477658Subject:Law
Abstract/Summary:PDF Full Text Request
As is known to all, company called one of the greatest invention in the world, itseconomic prosperity plays an irreplaceable role in today’s society. However, there aremany kinds of problems during company operation,corporate deadlock is thecommon practice,it is not only cause great damage to the corporation and investors’benefit,but also affect many stakeholders outside of the corporation and bringnegative factors to the safety of the entire market transactions.However,legalmeasures are first needed to resolve this problem.In many western countries,theyalready work out diversified remedies after many years of corporate legal practice.Before the amendment of the new Corporate Law in china,we did not make a cleardefinition about corporate deadlock and its’ relief measures.We made breakthroughabout this problem in2005,but there are many shortcoming such as simple remedies,limited measures, high cost and lack of operability,which can not solve the problemscompletely in reality. Base on a fully study of legislation both inside and outside andthe current situation in China, this article tries to put forward some ideals andsolutions to solve these problems.This paper is divided into four sections, the first chapter describes the basicproblem of corporate deadlock, analyzes its’definition,features,types and causes.Thesecond chapter describes the compare study of the corporate deadlock in foreigncountries,provides legal relief measures on theoretical basis,introduces the reliefsystem of the two different legal systems,and studies on the main reliefmeasures,pointing out their advantages and disadvantages.The third Chapter describesthe present situation and defects of corporate deadlock relief means in ourcountry.This chapter discusses "company law" article183in our country takenmandatory dissolution system are used to remedy the company deadlockproblem,points out its shortcomings,for the next chapter about modification andperfection of legislation.The forth chapter is the highlight of the whole paper,mainlydiscusses the four characteristic measures of corporate deadlock in our country.
Keywords/Search Tags:corporate deadlock, legal remedies, judicial dissolution, buyout
PDF Full Text Request
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