A Study On The Rights Of Shareholders Of The Company Reorganization

Not the purpose of restructuring the company equitable distribution of the debtor's property, but by adjusting creditors, shareholders and other interested parties, the debtor's interest, active in the rescue troubled companies, to enable enterprises to remain in operation and regain vitality.Shareholders as one of the key stakeholders in the restructuring, which is based on the business operations of enterprises have invested in the process of rights, in practice, companies can even be considered is to seek to maximize shareholder value as the starting point and ultimate goal The. But the reorganization of the enterprise after all, not under normal operating conditions of enterprises, can no longer pursue the objective of maximizing shareholder value, and to coordinate the interests of all parties should unite all parties involved in corporate rescue the main common goal. Therefore, those who can promote active participation of the shareholders to the corporate restructuring process, and facilitate the right to re-program to work correctly,The law should explicitly given to shareholders and to protect the normal exercise of shareholders; those shareholders of the Company Law or other laws based on which, however, is not conducive to restructuring in the interests of all parties involved in coordination of body, impede the normal process re-engineering and re-target realization of rights, the law must be clearly limited.In this paper, corporate restructuring in the shareholders have an active role in promoting enterprise and regeneration for "self" and impeding factors for the negative effects of restructuring the perspective of comparative analysis and empirical analysis, based on our "Corporate Bankruptcy Law, "the relevant provisions of the corporate restructuring in the analysis of rights of shareholders to restructure the protection of shareholder rights and restrictions to sort out.In addition to the article introduction, conclusion, divided into four parts:The first part is related to corporate restructuring involving an overview of systems and concepts, and the shareholders of the company's reorganization are entitled to legal status were discussed.The second part discusses the shareholders in the reorganization of specific rights, mainly from the restructuring of the shareholders the right to apply for the right of re-enactment of the draft plan, the draft plan for reforming the voting rights and the oversight of the implementation of restructuring plans of several aspects.The third part is the company's reorganization limited the rights of shareholders should be discussed.The fourth part of our country, "Bankruptcy Law" in the analysis of the relevant provisions and to relevant provisions of the lack of improvement put forward their own proposals.