The Case Study Of The Battle For Corporate Control Over NVC Lighting

With the transformation of economy, most enterprises in China are developing themselves to transform to keep pace. Thus there will be disputes between the founders and investors and conflicts between shareholders and operators.NVC Lighting, founded in 1998, until now it has been exposed many problems like corporate right of control, the displacement of CEO, and Several strikes of employees and the controller's abusing of right. This case lasts for a very long time and it has triggered a heated discussion, and also it has caused a lot of influence. That's the reason why we analyze it here as a typical example of Corporation Law.This essay is aimed at proposing some personal advices for completing and perfecting the relevant law on cooptation control right through extracting the focus worthy discussion, analyzing the essence of each fight of control power to probe into the practice whether we can avoid the problems like fight of control and power abuse.Part 1: Case quotation. Three contentions for mastery are panoramically demonstrated and concerns are paid to carding the latter two law-related cases.Part 2: Focuses are transversely analyzed. There are three chapters in this part: the former two cases concern about the practical research of the latter two contentions for mastery and inductive analysis is made on controversial views;Part 3:This chapter stands the focus of this essay and it is divided into four branches to further illustrate relevant cases. The first branch starts from analyzing the pros and cons of different right of control configuration modes to find the one which suits Chinese situation best. The second branch unscrambles the essence of the fight of control power from the angle of contract spirit, depicting its inevitability; The third branch states the biggest risk---abuse of control power from the angle of law; The forth branch indicates the balance between centralized equity mode and human's abuse of control right.Part 4: It lastly proposes some advices in developing the way of law to help enterprises to be on guard of abuse of control power. And finally it helps to promote the law on normalization of control power through explicating the function of law, encouraging the development of investors, ensuring the establishment of fiduciary duties of shareholders and perfecting the independent director system.