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An Empirical Analysis Of Stockhoding Repurchase Of Limited Liability Companies

Posted on:2021-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2416330614955357Subject:legal
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As one of the important systems in company law,the share repurchase system has played a vital role in balancing shareholders' equity,meeting the company's long-term operating needs,and protecting the interests of small and medium shareholders since its inception.An analysis of the theoretical basis of the share repurchase system and the collection and analysis of cases in judicial practice.It is found that the current share repurchase system of China's limited liability companies mainly has the following problems.First,the scope of application is relatively narrow.Article 74 of the Company Law only stipulates that the dissent shareholder's right to request a share repurchase,but it does not involve other possible situations and cannot meet the actual needs.Second,the subject qualification of equity repurchase is not clear,only the dissident shareholder is rigidly specified,and the subject qualification is not refined,resulting in the legal rights and interests of many shareholders not being effectively protected in judicial practice.Third,the reasonable price of equity repurchase has no established legal standard.As the core issue of equity repurchase,the uncertainty of price leads to the uncertainty of shareholder's rights.Therefore,it is urgent to research the stock repurchase system of limited liability company.By analyzing the theoretical basis of the share repurchase system of a limited liability company and combing the cases in judicial practice,it puts forward the reference for the legality determination of the agreed stock repurchase,the identification of the shareholder's subject qualification,and the determination of the reasonable price of the stock repurchase in order to better maintain The legitimate rights and interests of shareholders make the Company Law more complete.Figure 2;Table 3;Reference 49...
Keywords/Search Tags:equity repurchase, limited liability company, scope of repurchase, reasonable price
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