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Enterprises With Foreign Investment In The Equity Transfer And Contract Effectiveness Research Of Administrative Examination And Approval

Posted on:2015-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q GaoFull Text:PDF
GTID:2296330422989009Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Along with the deepening of China’s reform and opening up, foreign economic andtrade development continues to expand, deepen, our country from the local enterpriseeconomic benefits and the national economic security considerations, theforeign-funded enterprises in the economic activities of China conducted a series ofrestrictions, which led to the validity of the contract of enterprises with foreigninvestment the dispute. The focus of controversy the foreign-invested enterprise equitytransfer disputes, not only lies in the shareholders consent right and priority purchaseright, the greatest impact but in effect without administrative organ for examination andapproval of the equity transfer contract for the identified problems. In order to useforeign capital to develop local economy make China better, this paper transfer toforeign invested equity contract disputes as the breakthrough point, a comprehensiveanalysis of the relationship between the administrative examination and approval andforeign equity transfer, emphasized to analyze without equity transfer contractadministrative examination and approval and liability issues, on this basis, unreasonableanalysis on foreign investment approval system and seek not the approval of the equitytransfer contract of the judicial relief way, and puts forward some improvementsuggestions.In this paper, in addition to the introduction and conclusion, the text is divided intofour parts to study: the legal liability and the judicial remedies for obligation fails toperform respectively from the current situation of the development of enterprises withforeign investment and the main form of investment, the administrative examinationand approval of foreign equity transfer effect, contract effectiveness of theadministrative examination and approval system and how to perfect the system ofadministrative examination and approval of foreign investment to promote the entry intoforce of the contract made a more comprehensive discussion. Each chapter is arrangedas follows: the first part mainly introduces the current situation of the development of enterprises with foreign investment and the three main forms of investment, and throughthe transfer of foreign equity investment program analysis, which leads to theadministrative examination and approval for foreign investment in the equity transfercontract...
Keywords/Search Tags:Foreign investment, Transfer of shares, The administrative examination andapproval, The validity of the contract, The obligation of obtaining theapproval
PDF Full Text Request
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