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On The Effectiveness Of The Company's Equity Transfer Agreement

Posted on:2016-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:X MaoFull Text:PDF
GTID:2356330482964668Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of China's legal system and the flourishing of the market economy, the transfer of the shares of limited company is widely used as an important form of capital flow. With more and more problems in the recognition of the effectiveness of the equity transfer agreement bothered the adjudicatory personnel and legal workers, the paper studies the effect of the equity transfer agreement in the judicial practice from two real cases. In the first part, the question of the validity of the equity transfer agreement is raised. The second part is an introduction to the equity transfer agreement from two perspectives:the application of general rules in "Contract Law" and the special nature of the transfer agreement. The third part discusses the influence on the effectiveness of the equity transfer agreement by legal restrictions and regulations of the company, emphasizing on the influence of other shareholders' consent right and priority right of purchase and other laws and mandatory regulations. In the fourth part, the paper analyzes the role of the change of shareholder registration and business registration in the recognition of the effect of the transfer agreement.
Keywords/Search Tags:The equity transfer agreement, Effectiveness, Right to consent, Pre-emptive right to buy shares, Change of registration
PDF Full Text Request
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