Research On The Application Of Dissenting Shareholders’ Claim Of Share Repurchase

The Dissenting Shareholders’ Claim of Share Repurchase mechanism is established to avoid the majority shareholder take advantage of the capital majority decision mechanism and the position advantage to suppress the minority shareholders. It is not only a mechanism of balancing of interest but also a shareholder exit mechanism. It means a lot in protecting the interest of the minority shareholders. But our country’s Company Law stipulates so brief that remains a stint to be performed.This paper aims to improve the exercise of the stock repurchase claim procedure, taking the case as the main line to carry on the research. Through analyzing the disputes in this case, summarizing the person’s qualification of Dissenting Shareholders’ Claim of Share Repurchase, the nature of the ligation period and the obligation of the company in the the stock repurchase claim procedure. Upon this basis, point out the problems in the exercise programs of the Dissenting Shareholders’ Claim of Share Repurchase. With the research techniques of theoretical analysis, empirical analysis, comparative analysis and multidisciplinary analysis. The writer puts forward corresponding dispositions of the case and some suggestions on perfecting the procedure.This paper is divided into six parts except the introduction.The introduction part: introduce the institution of Dissenting Shareholders’ Claim of Share Repurchase. Elaborate the background, the significance of the topic and the research techniques. The first part is the introduction of the case. The writer elaborate the case of Chuang Lian. As well as the trial point of the court of first instance and the court of second instance. The second part is arranging and resuming the disputes in this case. The third、forth、fifth part is analyzing the disputes of the case in turn. Including the person’s qualification of Dissenting Shareholders’ Claim of Share Repurchase, the nature of the litigation period and the obligation of the company in the the stock repurchase claim procedure. The sixth part is the research conclusion, it puts forward some suggestions on perfecting the institution of Dissenting Shareholders’ Claim of Share Repurchase.