On Research Of Legal Issues Of Stock Donation Of Public Listed Corporation

With the continuous development of China’s philanthropy, and constantly improvement of the securities market, the emergence of public welfare equity donations of listed companies as a new type of charitable donation in practice, will be able to bring a steady return on investment for charity listed companies included in the scope of the object of charitable donations. Listed companies’ equity donation is the donors donate their own shares of listed company to charitable organizations for charitable activities, it is an effective way for the donors to commitment the social responsibility, it has great meaning to the development of philanthropy. With the equity donate of listed companies used in practice is becoming more widespread, and constantly improve the degree of social concern, its specific application problems encountered in the process gradually come out which has hindered its further development. In order to better play the listing stake in the company under the premise of this charitable donation role model, it’s very urgent to find a solution in order to solve various problems of company listed equity donate. This thesis analysis the shares of listed companies to donate legal issues in five parts:The first part introduces the concept of listed equity donations, clears the main object of study of the article, on the basis of that analysis the legal nature of the shares donation of listed companies, then introduced the shares donation of listed companies in China’s major development process, summarizes the features of shares donation in practice, and finally makes an assessment of the status of listed companies’ shares donations’ legal regulation, illustrates some of the problems existing in the current legal regulations.The second part focuses on the intrinsic value of the equity donation. This part the main in social, donors, recipient three different angles, respectively elaborated shares’ donations as a new charitable giving special advantages compared to the traditional model of property donated, trying to stake more vividly demonstrated the unique donation charm, hope that more entrepreneurs and businesses to adopt this model of philanthropy to contribute to China’s charity, so that more people who need help will share the fruits of development of enterprises.The third part is the analysis some of the important issues of shares’ donation of listed companies in practice, including donee exercise the right of co-benefits after the equity donation, the internal decision-making body ownership when the company as the donate equity, equity donation information disclosure, related transactions of listed equity and donations tax incentives. Although the great length to describe the issue of equity donation of listed companies during the encounter, but also through the appropriate analysis to solve problems related to lay a foundation.The fourth part uses comparative analysis method to assess a typical case of equity donations, trying to summarize the successful experience in practice and learn from some of America’s good practice for the donation process in solving problems encountered in Listed Companies in China to provide some ideas and inspiration. Cao Dewang Fuyao donated equity to set up river Ren Charitable Foundation is the most resprestative and influential case in donated practice of Listed Companies in China, while Buffett donated shares to Berkshire Hathaway·Gates·May Linda Foundation is the most influential case in US of public company equity contributions in recent years, by comparing the two typical cases of China and the US, can indeed play a role leak filled.The fifth part is a combination of the above analysis of each part, the establishment of the equity donation, establish the internal decision-making authority vested stake in donations and relief right way, improve regulation of related party transactions, information disclosure, enforce to improve the tax exemption regime made six recommendations to improve the system, and contribute to meager strength for better regulation of listed companies donation.