Research On Repurchase In The Equity Transfer Guarantee

Equity transfer guarantee is a new type of financing method,which uses equity as the financing target,it solves the dilemma that enterprises cannot provide monetary guarantees due to the lack of funds,and becomes the choice of multiple market entities.Repurchase is one of the ways to make the transfer guarantee realized,and it has important practical significance for the equity transfer guarantee.However,due to immature development,repurchase in equity transfer guarantee always has problems such as insufficient institutional supply and lack of systematic explanation,so that the repurchase problem is often accompanied by transfer and guarantee disputes,which are both practical disputes and theoretical difficulties,such as the difficulty of determining the expression of intention under the multiple transaction mode of equity transfer and transfer guarantee,the identification of factors that hinder the realization of repurchase,and the balance of the interests of the subject when the repurchase fails.Based on this,this paper focuses on the application,realization,and balance of the interests of the subject when the repurchase fails,and is divided into five chapters for discussion.Chapter 1Introduce the research background,researching significance and literature review of the literature research situation,and introduce questions and briefly elaborate;Chapter 2 based on theoretical study,Outline the legality of equity transfer guarantees and the universality of the application of repurchase in equity transfer guarantees;Chapter 3 is a study on the application of buybacks.Firstly,the relationship between repurchase in equity transfer guarantee and Gambling agreement is theoretically explored,and secondly,the factors that hinder the application of repurchase in equity transfer guarantee and Gambling agreement are compared,the uniqueness of the application of repurchase in equity transfer guarantee is highlighted,and the application path is clarified.This paper proposes that the key to the application of repurchase in equity transfer guarantee lies in distinguishing between the true and false expressions of intent of the parties to the contract to determine whether the applicable conditions are met when the transaction structure is unclear and the legal relationship cannot be determined.Chapter 4 is a study on the realization of repurchases.Starting from the three issues of repurchase procedure,repurchase consideration determination and legal liability when repurchase is not possible,this part clarifies the repurchase criteria,prerequisites and corresponding legal consequences in combination with existing theoretical and practical research,and makes suggestions on the path to realize repurchase;Chapter 5 deals with the balance of interests of entities when buybacks are not possible.It mainly involves the balance between the interests of bona fide third parties and the interests of the company.While affirming the interests of bona fide third parties,we will point out the particularity of the interests of the company,and explore practical ways to take into account the interests of third parties and safeguard the interests of the company.