Comparative Study On The Protection Of Shareholders' Right In Cross-strait Mergers And Acquisitions

Mergers and acquisitions of enterprises are different from general commercial activities.They have the characteristics of large impact,long cycle and wide spread,which will bring fundamental changes to the overall structure of enterprises.Therefore,the protection of shareholders' rights in enterprise mergers and acquisitions is different from that in general commercial activities,which mainly reflects that the protection of shareholders' substantive rights pays more attention to the protection of shareholders' right to know.At the same time,the withdrawal system of dissenting shareholders and the shareholder litigation relief system also play an important role in the protection of the entity of shareholders in mergers and acquisitions.This paper is divided into four chapters.It intends to summarize the related concepts of cross-strait mergers and acquisitions and the protection of shareholders' rights.On the basis of in-depth analysis of the necessity of shareholders' rights protection,and comparing the similarities and differences of specific shareholders' protection systems in cross-strait mergers and acquisitions,it puts forward relevant suggestions for improvement on the basis of mutual reference.The first chapter defines the related concepts of cross-strait M&A and the protection of shareholders' rights.Compared with mainland China,Taiwan has a clear legal concept on the concept of M&A.At the same time,it makes a detailed classification of the types of M&A in legislation.The second chapter is mainly through the research on enterprise merger weak position and shareholder protection principle of related shareholders,analysis of the necessity of protection of shareholders' rights in mergers and acquisitions.The third chapter compares the differences of shareholders' rights in cross-strait enterprise mergers and acquisitions through the study of the specific content of cross-strait company legal system and enterprise mergers and acquisitions legal system.Through the analysis of the shortcomings of the current protection of shareholders' rights in enterprise mergers and acquisitions in mainland China over-principled norms of directors' obligations,unclear norms of shareholders' withdrawal of.The fourth chapter,compares with the third chapter,Through a comprehensive analysis of the shortcomings of the specific system of shareholder rights protection in cross-strait enterprise mergers and acquisitions,this paper puts forward specific suggestions for the protection of different shareholders' right to know,the right of dissenting shareholders to request share repurchase and the shareholder litigation system.