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Legal Regulation Of Listed Companies Guarantee Perfect

Posted on:2006-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X M GongFull Text:PDF
GTID:2206360185467419Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the practice,hazards resulted from guarantee occur frequently,which doesn't only slow the process of Chinese enterprises actively taking part in the international market and improving the competitive capability ,but also bring tremendous resistance to ensuring small shareholders'right and interest,even destroy guarantee system's value and decrease guarantee's function of promoting floatation of loan and pushing forward financing resource's reasonable distribution .However,due to the necessity of the exist of corporation's guarantee,the prohibition on Corporation Guarantee is loosened gradually in many countries.But nowdays our country's regulations of Public Corporation Gaurantee can't not only resolve the abuse of Public Corporation Gaurantee,but also limit the adbantage of guarantee system,for our legislation level isn't high. Relaying on analyzing interrelated laws and regulations , administrative rules Judicial interpretations and consulting foreign related experence,this paper put forward some advice to consummate our country's regulations of Public Corporation Gaurantee.For example,loosing the prohibition on Public Corporation Connected Guarantee to accord with the trend of the word;limiting the basal reason of Public Corporation Gaurantee and person who have the right of decision to protect a mass of small shareholders'right and interest;balancing the protection of shareholders'right and interest and the protection of the security creditor's rights.I hope that relying on these consummations ,our country's Public Corporation Gaurantee can get out of the corner and bring into play the advantage of guarantee system and speed the development of Public Corporation and enterprise.
Keywords/Search Tags:Public Corporation Gaurantee, The Regulation of Law, Party Autonomy, Connected Gaurantee, Voting Right Challenge
PDF Full Text Request
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