The Case Analysis Of The Most Expensive Land Of Shanghai Bund

Shareholder's pre-emptive rights system of the limited liability company is a system which bases on the small number of shareholders of a limited liability company and the closely connection of all the shareholders of a limited liability company.The system can be the best protection for the closely connection of all the shareholder s of a limited liability company and the system can give full play to the role of market regulation for the company's equity,better for the company to raise capital to achieve optimal allocation of resources.But China's "Company Law" Article 71 for shareholder's pre-emptive rights system of the limited liability company are the provisions of principle and guiding.This Article is too sample and there is a lot of difficulties to guide the shareholders of a limited liability company to exercise their authority over the shareholder's pre-emptive rights system of the limited liability company.With the development of society,there has been more and more cases about avoiding shareholder 's pre-emptive rights system of the limited liability company.The Shanghai Bund Case which is discussed in this article is a very clear case,one party attempts to bypass shareholder 's pre-emptive rights system of the limited liability company by the method of indirect acquisition.This behavior has been judged invalid by the court.Whether such behavior is really invalid as the result of the Court's judgment,it is still a question.For a comprehensive understanding on The Shanghai Bund Case.First of all,it needs to master the focus of the case and difficult issues.Then making an analysis about the focus of the case and difficult issues,it gets there conclusions,indirect acquisitions have not violated shareholder's pre-emptive rights system of the limited liability company;indirect acquisitions do not mean legitimate measures of concealing illicit purposes;articles can bound the indirect acquisitions.Secondly,on this basis,making a discussion about the theory of shareholder's pre-emptive rights system of the limited liability company,the legal basis for shareholder's pre-emptive rights system of the limited liability company,the man who has the rights,the way of relief.Finally,searching the ways of protecting the company's autonomy effectively,making the meanings of specifically "equal conditions",making the period of shareholder ' s pre-emptive rights system of the limited liability company,making a suggestion to improve shareholder's pre-emptive rights system of the limited liability company.Such measures can make shareholder's pre-emptive rights system of the limited liability company to be more workable and give full play to the role of shareholder 's pre-emptive rights system of the limited liability company.