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A Study On The Legal Issues Concerning The Exercise Of State-owned Shares By State-owned Capital Holding Companies

Posted on:2019-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:X R YangFull Text:PDF
GTID:2416330575972949Subject:Economic Law
Abstract/Summary:PDF Full Text Request
State-owned capital holding companies'adjustments are subject to the "Company Law,"and the special laws such as the"Enterprise State-owned Assets Act." There is a clear difference between the exercise of state-owned equity and the exercise of private equity.The company's stock ownership system,which originated and serves private equity,must not be able to effectively adjust various social relations in the exercise of state-owned equity.Therefore,the legal system governing the exercise of state-owned stock rights must be improved on the basis of the specific characteristics of state-owned stock rights.The power of equity mainly includes the right of asset income,the right to participate in decisions on major issues,and the right to choose managers.Constructing a state-owned capital holding company's state-owned equity exercise system,guaranteeing that state-owned equity exercise entities exercise the right to assets,participating in the decision-making power of major issues,and choosing the rights of managers are a need to ensure the safety of state-owned assets,realize the maintenance and appreciation of state-owned assets,and promote the national economy and need for overall development.In the exercise of asset income rights,it is necessary to start with the state-owned capital operating budget,public budgets,and social security fund budgets to clarify the scope of authority of related entities in the various stages of the state-owned capital operating budget,and to improve the state-owned capital operating budget,public budget,and social security fund budget,the convergence system,etc;State-owned shareholders should improve the exercise of rights by establishing a shareholder representative system in the exercise of decision-making powers for major issues,and take special shares,gold stocks and other special shares as the decision-making authority for major issues of state-owned equity in certain areas.Regarding the selection of the exercise of the right of managers,the state-owned shareholders should raise relevant resolutions in the terms of the existing problems of director,board of supervisors,senior management.By improving the exercise of the three shareholder rights of state-owned shareholders in asset returns,participating in decision-making on major issues,and selection of managements,the governance of state-owned capital holding companies is hoped to be more standardized,and eventually the state-owned capital holding companies can be stronger and bigger.,therefore enhancing State-owned economy vitality,control,influence and risk resistance.
Keywords/Search Tags:State-owned capital holding company, State-owned equity, Right of asset income, Right to participate in decisions on major issues, Right to select managements
PDF Full Text Request
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