Legal Research On Repurchase

With the rapid development of market economy,more and more investors choose to invest in the form of private equity investment in the fast-growing small and medium-sized enterprises.In order to reduce this investment risk,our country's risk investors began to use the "an agreement on a bet".In recent years,due to the particularity of the gambling agreement,the scholars have been on the question of their nature and effectiveness,and the judgment of the "sea-rich case" of the Supreme People's Court and the Supreme People's Court issued the summary of the trial of the civil and commercial trial of the National Court of the National People's Court.To a public view of the gambling agreement.So in order to promote the economic development,encourage the trade,it is necessary to study the effect of the gambling agreement.In the case of the investor and the target company taking the company's listed as the target of the bet,the majority share the stock-stock buyback as the result of the target company's failure to the bet,so this article will analyze the case of the stock-stock buyback clause in a capital increase and expansion unit,And tries to put forward the feasible suggestions to achieve the effect of promoting the economic development and encouraging the transaction.This paper is divided into three parts to demonstrate the problem.The first part is to introduce the case to be analyzed and summarize the controversial focus of the case.The second part is mainly to demonstrate the effect of equity repurchase clause.First of all,this paper discusses the current status of the effectiveness of equity buyback clause.Secondly,this paper demonstrates the effectiveness of equity buyback clause.The third part puts forward a conclusion on the case discussed in this paper,and raises some suggestions on the issue of share buyback from two aspects: substantive review based on capital system and Consideration Based on commercial thinking,in order to provide reference value for such innovative mechanism to obtain fair treatment,and to maintain the legal autonomy and freedom of the market,and at the same time to realize justice Justice and efficiency.