Research On The Preemptive Rights Of The Shareholders Of Limited Companies

In disputes arising in judicial practice,disputes over the right to pre-emptive rights of shareholders of limited companies have been controversial.The right of first refusal is a fundamental right of the shareholders of the company.Therefore,the way to exercise the right of first refusal and the remedies needed to be infringed should be protected by law,and the law should therefore have detailed provisions.Among the companies in the company,which are related to the shareholding of shareholders,the issue of the system of shareholders' preemptive rights has been debated in the academic world.At present,in China's legislation,the law relating to the basic right of the shareholder's right of first refusal is Article 71 and Article 72 of the Company Law.However,the contents of these two laws are not perfect.In 2017,with the introduction of the Judicial Interpretation(4)of the Company Law,this issue was once again pushed to the controversial peak in the academic world.The author,through the review of typical cases in practice and a close reading of the relevant provisions of the Judicial Interpretation of the Company Law(4)on the right of first refusal.There are still many shortcomings in the discovery of legislation,and there is a tendency to expand and apply both in legislation and in judicial practice.Therefore,we should make reasonable and legal restrictions.In view of this,this article will discuss and explore the company's shareholder pre-emptive rights system in detail.