Reasonable Limitations In Study Of Priority Right Of Shareholders

Of shareholder's preemptive right system issues related to academic circles has been controversial,with the new company law judicial interpretation of the four(draft),the fourth part in the whole chapter content to the provisions of shareholder's right of first refusal,a new round of dispute also gradually lifted.As for the effectiveness of the violation of priority right of shareholders equity transfer agreement,the new company law judicial interpretation four(draft)direct agreement shall be invalid under this situation.To this,some scholars,some scholars have voiced strong opposition.The author through studying the certificate draft of part of shareholder's right of first refusal,and the views of different scholars,combined with the analysis of the related cases in judicial practice over the years,draws a preliminary issues,namely to shareholders preemptive right both in legislation and judicial practice,there are extended trend,we should carry out reasonable limit.In view of this,this article will expand the discussion on rational limit of shareholders right of first refusal.Full text consists of preface,five chapters and the conclusion,several parts,the main content of the five chapters as follows:The first part is about the summary of shareholders right of first refusal,mainly from the concept and the related regulations,and the value of the system itself to this paper,the purpose of the chapter analyzes is as below.The second part mainly analyzed the present situation about shareholders right of first refusal reasonable restrictions,which talked about will directly lead to reasonable limit thinking of typical case,and then analyze the trial practice often involves other reasonable limit example,finally summarized the preemptive right of shareholders a reasonable limit of shortcomings.The third part mainly introduces the foreign legislation about the system of reasonable restriction,and the rational limit of preemptive right of shareholders in China if you have any reference to the relevant provisions of the perfect.The fourth part is to limit of preemptive right of shareholders,the author mainly from two angles of theory and practice are analyzed.The fifth part is mainly combined with the above analysis,targeted put forward a few about shareholders right of first refusal reasonable restrictions perfect measures.The final conclusion of the full text is summarized,and illustrates the purpose of this writing,mainly is hope that through the study of this article,can cause you attention to this problem,and then to improve the relevant provisions.