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Legal Research On Voting Trust

Posted on:2018-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuanFull Text:PDF
GTID:2416330536475032Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Voting trust takes advantage of trust and brings a separationandreorganization effect on the shares.That is to say,the voting trust can bring tremendous positive effect on the corporate structure.Specifically,the voting trust by changing the ownership of equity allocation,for the protection of the interests of small shareholders,to maintain control of major shareholders,straighten out the legal relationship between government and enterprise reform plays a very important role.Voting trust in the United States is particularly mature,the mainland countries and regions also learn from that.Although our legislation does not stipulate voting trust,Chinese commercial practice has gradually adopted the voting trust to control company in the economic globalization and the rapid development of the commodity economy.Due to the lack of strong theoretical research and related legal system for the system,the voting trust system has not been effectively and fully promoted and applied in our country at present.This paper mainly adopts the comprehensive analysis method,the comparative analysis method and the historical research method,and aims at drawing on the mature legislation of foreign countries,combining with our legal system and practice needs,trying to provide the localized transplant of the voting trust in the legislation and give some valuable advice.This paper is divided into three parts: preface,text and conclusion.The text is divided into three chapters.Chapter 1: An overview of the voting trust.First of all,by introducing the development path and development status of the voting system under the two legal systems,this paper compares different degree of development of the voting trust in different legal systems.This analysis helps to understand the basic theory of the system and lay the basis for the following discussion.The voting trust is defined according to the exposition of the connotation of the voting trust of scholars in different countries.By comparing the voting trust system with other similar systems,it shows the uniqueness of the voting trust.Finally,the theoretical analysis and legal analysis of the voting rights are carried out from different angles to seek the theoretical support of the voting trust.Chapter 2: The value of the voting trust.This chapter first analyzes the value of the freedom and efficiency of the voting trust.And then paper introduces the voting trust as a controlled tool and anti-controlled tool function,the two different angles of the function of reflection.Through further in-depth,the author summed up the drawbacks of the voting trust,which is: leading to monopoly,damaging the interests of the company and leading to discrimination between shareholders.Chapter 3: Exploration of the construction of voting trust in China.On the basis of the analysis and summarization of the previous two chapters,this chapter put forward the idea of introducing the voting trust in our country.In order to transplant the voting trust,first of all,because of the existence of the voting trust in practice,it shows that there is a realistic need for the voting trust in our country,which is,the necessity of legal transplant.Secondly,it is necessary to analyze whether there is any legal soil in which the voting trust is introduced.Finally,it is how to build voting trus.In the end is the conclusion of this thesis.
Keywords/Search Tags:voting trust, voting proxy, trust object, purpose of voting trust, publicity system
PDF Full Text Request
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