Stakeholders In The Division Of A Company To Protect

Corporate division is an important method for improving management efficiency and optimizing organizing structure of company . It will aslo bring negative effect to the minority stockholder , creditor , especially it is exercised in the conversion of State-owned Enterprises .In the process of conversion , stakeholders may have the heavy losses because of the unfair corporate division .So It is an important task for company law to protect the stakeholder's interests in division .Our state also proscribes the protection of the stakeholder , but there exit a lot of problems in the clause of company law. Based on the properly protection of the stakeholder's profit , this article focus on the protection of the minority stockholder and creditor profit .PartⅠ:the legal meanings of the corporate division and current situation in our country . Firstly , It explains the intention,legal property,type and the legal effect of the corporate division . Secondly, it point our the existing problems of the corporate division in company practice and legal provisions in our state .PartⅡ:analyze of the reason to protect the stakeholders . Firstly , it explains the definition of the stakeholder . This definition includes the minority stockholder and creditor . Secondly , it explains the stakeholder theory which is the theoretical foundation for protection of the stakehoder . Thirdly , it explains the reason to protect in terms of legal principle . Finally , it point out that the problem of agency is the immediate cause for protection of the stakeholders .PartⅢ:the discussion on protection of the minority stockholder . This part carries on research and discussion on appraisal rights , independent scrutineer and rule of allotment of shares . Firstly , it analyzes and explains the system that foreign countries legislate . Secondly , it probes into and studies some important problems . Finally , it proposes some suggestions for our state company law .PartⅣ:the discussion on protection of the creditor . This part carries on research and discussion on informing procedure and joint and several liability . Firstly , it analyzes and explains the system that foreign countries legislate . Secondly , it studies...