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On The Remedy Of Company Deadlock

Posted on:2021-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChengFull Text:PDF
GTID:2416330602993661Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to article 183 of the company law,the deadlock of a company is: "the deadlock of a company is a situation in which the company's operation is seriously difficult and its financial situation is deteriorating.The continued maintenance will cause greater loss to the interests of shareholders,but the shareholders' meeting and the board of directors cannot make resolutions on the dissolution or liquidation of the company due to serious differences among shareholders.Company deadlock is always possible in the process of company survival.The harm of company deadlock is manifold.The purpose of this paper is to improve the remedy system and remedy ways of company deadlock.The author starts with the theoretical definition of the company deadlock,and USES the semantic analysis method to understand the connotation,characteristics and harm of the company deadlock.By analyzing the meaning of company deadlock to understand its specific meaning,the recurrence of the characteristics of company deadlock can deepen the understanding of company deadlock,clarify the classification of company deadlock to form the closed-loop theory construction of company deadlock cognition,and better seek solutions.Then it discusses the cause and harm of the company deadlock,and directly analyzes the realistic factors that cause the company deadlock.In real life,the occurrence of a company deadlock may be accidental,but due to the closure of the company,the risk of minority shareholders' interests and the difficulty of effectively preventing the company charter,it leads to the inevitability of the company deadlock.However,the occurrence of corporate deadlock is bound to cause serious harm to the interests of the company,shareholders and other stakeholders,so we should not let the formation of corporate deadlock,we must take effective means to reduce losses.The third part of this paper makes a simple summary and summary of the current relief means of company deadlock.The relief of company deadlock is divided into judicial relief and non-judicial relief.The foreign relief theory and practice of company deadlock provide a new perspective for the solution of the problem of company deadlock in China,which is also worth comparing with the national conditions of our country.The last part of the article is to improve the legal system of company deadlock in China,analyze the company deadlock from a continuous perspective instead of a broken one,view the company deadlock from a developing perspective,airly and reasonably allocate the responsibility,clearly identify the fault,and solve the market problem with the market method.
Keywords/Search Tags:company deadlock, judicial relief, mediation, arbitration
PDF Full Text Request
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