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Research On The Legal System Construction Of The Shareholder Voting Right Trust

Posted on:2020-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
By dividing the equity of shareholder voting trust system separating "voting" and "profit",to "vote" to a trust and unified,the principal still enjoy "profit",reduce the cost of exercise of the minority shareholders,at the same time can also play the professionalism of the trust in order to enhance the protection of the economic interests of the investors,reduce the small and medium-sized shareholders equity transfer caused by earnings not ideal,stability of the securities market,forming a virtuous cycle.In current judicial practice in our country there are more and more shareholder voting trust application cases,but in the current law system for the regulation of the system is almost in a blank state,which leads to the existing voting trust,once produce issue in the contract,there is no clear legal provisions may be applied,it is not easy to protected the legitimate rights and interests of both parties.China's trust law clearly stipulates that only the property object can become the object of the trust,and the voting right in the equity has the property property.The legislation of the shareholder voting trust system is completely feasible,and relevant contracts will not be invalid due to the lack of legislation.Under the background of diversified development of company operation and management means,the problems brought by the legislative vacancy of China's shareholder voting trust system gradually become prominent,and the construction of relevant systems is imperative.The shareholder voting trust system has been successfully established in many countries,which originated from the United States at the earliest.It has experienced the process from affirmation to negation to affirmation,and then gradually developed and matured.These experiences provide important references for the system construction in China.In China,legislation should be used to guide the practice,and specific laws and regulations on shareholder voting trust should be established and refined in the field of company law and trust law,so as to standardize its operation process and promote the healthy and prosperous development of commercial activities.
Keywords/Search Tags:Voting rights trust, Small and medium shareholders, Economic interest protection, Legislative suggestion
PDF Full Text Request
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