Esop Legal Issues

Employee Stock Ownership Plan is one kind of special system in the business management. This system has been born in the 1950's of 20th century in the USA, it carries out generally after World War II. In the 1980's, Employee Stock Ownership Plan starts to carry out in our country following the domestic development and the state-owned enterprise reform advancement. Employee Stock Ownership Plan experiences a complicate process development, the system one kind of enterprise system which refers to the staff of enterprise has the condition to have the enterprise stock through certain legal procedure, Employee Stock Ownership Plans not only is one kind of welfare plan but also is one kind of profits system and business management system, it is one kind of system innovation of the enterprise under the new situation.Employee Stock Ownership Plans can realize the economical democracy, relax the labor contradiction; it is advantageous to the staff in increasing the income, participating in the management; to the superintendent. it can resist hostility purchase, enhance the production efficiency, this plan has practical significance to our country's state-owned enterprise reform and the joint stock system transformation. However Employee Stock Ownership Plans has not obtained standard and universal development because of some reasons in our country. At present although the domestic and foreign scholars do some research to the system, but they carry on the system mostly from the economic, the management science, and human resources management aspect and so on, very few people do thorough research from the legal angle. In the legislation, the system is not stipulated in the corporation law in our country, although it is stipulated in the existing policy, but the local governments stipulate Employee Stock Ownership Plans differently from each other, This kind of situation does not favor for extremely the development of the system.This article attempts to analyze Employee Stock Ownership Plans, unifies the successful experiences of western nation to carry out the system,...