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On Corporation Judicial Disbandment System Of Our Country

Posted on:2011-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:D ChuFull Text:PDF
GTID:2236330368977148Subject:Law
Abstract/Summary:PDF Full Text Request
Since the’Company Law of the PRC (Hereinafter referred to as the ’New Company Law’) was applied in 2006 and stipulates in Provision 183 that:"Where there are serious difficulties in the operation of a company and the company’s continuance will definitely cause significant losses to shareholders’interests, however, such scenario cannot be solved through other channels, then, shareholders representing 10% of all the votes may request the people’s court to dissolve the company. ", the shareholders’ claim right to dissolve the company is defined thereafter, which offer the shareholders of a deadlocked corporate a judicial way to pursue the final solution.However, as the corporation disbandment system of our country just started, and the above stipulation is not perfect, the Supreme People’s Court then gave the relevant judicial interpretation aiming at the New Company Law to instruct the use of this provision in judicial practice, still, this provision has deficiencies.This article starts from the status quo of the coporate deadlocks and judicial disbandment system of our country and aims at clarifying the measures and principles of our judicial disbandment system. It’s hoped that our judicial disbandment system could be improved through the further discussions in this article and the analysis of the legislation and judicial practice of our judicial disbandment system, and that a diversified system for resloving the corporate deadlocks could be established step by step.
Keywords/Search Tags:Company Law, Judicial Disbandment, Corporation Autonomy, Judicial Approach, Resolve
PDF Full Text Request
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