A Study On The Effectiveness Of The Agreement Of Nominal Equity Real Debt

Under the background of rapid economic development in the new era,the market economy main body continuously explore innovative,new investment and financing way also have sprung up arises at the historic moment investors to pursue higher-yielding low-risk investments,and stock of real debt financing pattern has both the advantages of high interests equity investment way,and is compatible with the fixed minimum gains the advantage of creditor's rights investment way,than simple investment rights and interests of the high risk and low income break-even,is a strength,not a significant means of investment.Issuer wants to get rid of a strict financial controls,at the same time,the pursuit of money fast injection way of financing,the stock of real debt both avoid the mandatory provisions of company law,and from the control of financial regulator,than the average increase endowment spread model can also be fixed called the period stipulated in advance,to ensure the stability of company's capital,is one of the first choice of financing a company financing means.So in recent years,the real debt stock investment and financing mode is financing companies and investors of real debt as an emerging financial market investment and financing means,to a certain extent,to activate the new pattern of capital market transactions,promoted the rapid development of financial industry but in the judicial field,cognizance of effectiveness stocks real debt agreement standard is not unified stock about a real debt agreement whether equity law or of creditor's rights and legal effect,both theoretical and practical circles of law did not put forward a clear specification.In addition to the introduction,this text is divided into four chapters of the first chapter analyzes the two strands of real debt agreement dispute case court ruled that effect the opposite case analysis,so as to lead to a real debt stocks agreement decided the problem of the second chapter through the introduction of the rise of the real debt trading and reasons,the development and characteristics,and through the trading pattern classification virtues of the stock of real debt and has a great instability,many aspects this paper expounds the name real debt trading mode possible problems and the causes of problems in the third chapter through to a real debt theory research aresummarized,and put forward a shares real debt The fundamental problem of validity determination is to distinguish the stock and debt.And in order to safeguard the legitimate rights and interests of investors issuer and the third party creditor intact,in order to provide a possibility for the further development of the real debt,and put forward such as establishing on the rights and interests of investor protection mechanism to join to protect the interests of the third party trust third party terms and conditions to prevent bankruptcy case the legal risks of the target company specifically agreed about the share repurchase main body and content as well as specifically agreed obligation of investor's investment risk prevention and control measures,such as trying to avoid foreseeable risks from the root,further development into a real debt to create the feasibility in the fourth chapter through to the real debt stock Theory analysis and practice analysis,clarify the legal attribute of the new investment and financing mode,innovation from the Angle of the company law,on the effectiveness of the real debt agreement to distinguish between a shares through case at the same time the empirical analysis of the current lack of legal norms of shares in the name of the real debt model analysis to discuss the effectiveness of the existing problems,from the aspect of judicial practice,for the debt of stocks find the legal backing,decided to name the effectiveness of the real debt agreement that put forward its own views,in order to maintain stable financial order,in the name of a firm to solve debt dispute in the realization of legal justice.