The Redeemable Preferred Stock System Is A Research On Solving The Problem Of The Performance Of The Gambling Agreement

As a new financing tool,the Bet Agreement can alleviate the financing difficulties of small and medium-sized enterprises,reduce the risks existing in enterprise investment,promote the formation of investment transactions,and is gradually applied in the field of investment and financing.According to the judgment thought provided by the Jiu Min Summary,the validity of the gambling agreement is recognized in principle,but whether it can be effectively performed should be judged according to whether it conforms to the relevant provisions of the Company Law in the performance link.The company’s capital reduction procedure is difficult to implement and enforce in the process of the performance of the bet agreement;According to this regulation,both the investor and the target company have the risk of insufficient interest protection.The regulation on the performance of the gambling agreement in the Nine People’s Notes fails to effectively protect the interests of investors and target companies.The redemption preferred stock system applicable to countries with relatively mature investment and financing development outside the region can be used as a reference for solving this problem.According to the American Thought Works case,we can analyze the funds for share redemption--the source of legally available funds,and continue to analyze the conditions and standards for share redemption.Based on the experience of foreign institutions,this paper puts forward feasible suggestions on the legal regulation of gambling agreements in China: introducing the system of redeemable preferred stock by legislation to balance the interests of both sides;Legislation is clear by the board of directors special report to determine the redemption of preferred stock redemption funds range;Legislation to make clear the liability of redeemable breach of contract;Legislation stipulates the design requirements of betting,reasonably sets up redemption clauses,protects the interests of both investors and target companies,and ensures the effective performance of betting agreements.