Study On The Shareholder’s Preemptive Rights

The Shareholders’ preemptive rights is an important legal system of China’s mainland’s current "Company Law". For the maintenance company co of a limited liability, to achieve the equity interests of transfer shareholders, the other shareholders and aspects of external third party has a positive meaning. In this paper, the concept and character of the shareholders’ preemptive rights, and the value of shareholders’ preemptive rights these basic theory of the system as the starting point for our shareholders’ preemptive rights. Then this paper analyzed and discussed the shareholders’ preemptive rights. Mean while the paperaccess to the relevant provisions of legislation of Japan, Germany, Taiwan, China and the United States and other countries and regions. Combing through analyzing legislation of the countries and regions, it pointed out some shortcomings and deficiencies of shareholders’ preemptive rights of system in China’s mainland’s current "Company Law". Then the paper from the shareholders’ preemptive rights type selection, the way of legislation of the shareholders’ preemptive rights, the exercise elements of the shareholders’ preemptive rights. At last the paper make some suggestions to improve the preemptive rights system of our countries.