The Exercise And Relief Of Shareholder's Preemptive Right In The Process Of Increasing The Capital Of The Company

It is important for shareholders to have the preemptive right in the process of increasing the capital of the company.Combining with the case of company A and Jiang v.company B,this paper discusses whether the resolution of capital increase of shareholders' meetings,the agreement of share purchase and the resolution of the confirmation of the legal and effective ownership structure of the company,are effective or not;teases out the relevant laws and regulations on the preemptive right of shareholders and the different applicable standards of the court in judicial practice;studies the approach of exercising the preemptive right of shareholders and remedies of this right;and discusses the balancing mechanism between the protection of the rights and the interest of the minority shareholders,and the protection of the right of between shareholders and the right of the third party in good faith.The purpose of this paper is to put forward some objective opinions and suggestions on the perfection of shareholders' preemptive right system so as to provide the theoretical support and practical guidance for solving such cases in judicial practice and further retain the stability of the order of the market economy.