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The Analysis Of Unlisted Company’s Stockholder’s Capital Stock Pledge System

Posted on:2016-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:C LiangFull Text:PDF
GTID:2296330467499404Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
".If small enterprise want to become bigger and stronger, they must first solve the problem of financing difficulties. Because of poor ability to resist risks, small enterprise can mortgage limited of physical assets, so the financing difficult problem limits development of small and enterprises. In August2013, the state council promulgated "the implementation opinions of the financial support for small micro enterprise’s development" and had declared that actively carry out the provisions of the equity pledge loan business for the small and medium-sized enterprise; but the pledge of the equity of our country still has some risks when in actual equity pledge business at present stage due to their imperfect system and law. To equity pledge in our country, we must first study the risks of equity pledge and get to know how to prevent these risks, and that is what this thesis’s main content:including what are the risks of equity pledge, what is the root cause of these risks, and how to improve the system of shareholding pledge, etc. This article conducts a comprehensive carding of equity pledge system from the following four parts:The first part is the background of the listed company’s equity pledge. First introduced our country’s present stage, the private companies as well as the status of financing difficulties. The traditional financing methods can’t solve the problem of financing difficulties of private company and then put forward the equity pledge which provides some enterprises with funds, as a new financing method.The second part is the current situation of the pledge system, this system still has some defects.The third part describes the defects in the system of pledge of stock rights. This part points out the current equity pledge system, the problems caused by defects, including:limited liability company limited equity pledge, a stake in the company registration system, the law is too principle to the pledge, certain rights in practice is not easy to safeguard and so on. All of these limit the development of non-listed company’s equity pledge in our country.The fourth part are suggestions of improving equity pledge system, including:mandatory small and medium-sized enterprise equity trusteeacross the country, given that the pledgee have the right of being informed, improve the pledgee’s rights andmake clear the scope of the charge.
Keywords/Search Tags:unlisted company, capital stock pledge system, changes in value, right ofinterest charge
PDF Full Text Request
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