Legislation Of Institutional Shareholders Of Expulsion

Shareholders delisting system first began to develop in Germany,our country gradually began to develop attention and use in recent years.At present, China has yet to institutional shareholders expulsion provisions in the Basic Law, there are only simple terms shareholders delisting special circumstances applicable in the new"Company Law"judicial interpretation provision Shareholders of the expulsion system as an effective way to solve internal conflicts when membership,and therefore judicial practice, shareholders expulsion expulsion system application demand is also increasing.There are still many gaps and deficiencies in the legislation and in practice of our delisting system,to adds a lot of uncertainty in the application of the system, leading to the theory and practice is not uniform.Legislation and the specific application of the shareholders delisting system still faces enormous challenges.Therefore, this article aims to make the analysis of the status quo through the use of multiple analysis methods discussed to define the role and value of the delisting system, as well as the development of the system in China.Comparative reference to foreign delisting system, introduce and analyze the development process and relatively mature legislative model to learn from their successful experiences, learn from their failures, for shareholders delisting system in China’s development and improvement to provide some suggestions.In this paper, excluding the introduction and conclusion, can be divided into a total of four parts, the main contents of each part are as follows:The first part introduces the basic theory of shareholders delisting system, including the definition of shareholders delisting system, and an analysis of the implementation of shareholder value and feasibility of delisting system. Shareholders delisting system means that, when the subject of an internal shareholders special law applicable to the shareholders for delisting delisting shareholders to withdraw from the company’s coercive measures.Analysis of the value and feasibility of the system intended to further illustrate the significance of the shareholders delisting system development in China applicable.The second part mainly introduced through the analysis of several foreign shareholders of a better expulsion institutional development of countries, including Germany, Japan, the United States and Italy.Through comparative analysis of the similarities and differences between local institutional development, summed up the development of our country when the system can learn from unreasonable and should be taken to avoid the situation. The third part analyzes the current development of the shareholders delisting system, summarized delisting system in our country’s legislative status and practical application of the existing problems and shortcomings.The fourth part, for the preceding analysis and foreign shareholders removed the specific circumstances in our development system, and the comparative summary of the current gaps and deficiencies of the system, for our shareholders delisting system put forward some suggestions to improve the legislation and measures.The author recommend expulsion from the scope of application of the system for the subject, the applicable procedures delisting system, legal consequences and Legal Remedy been removed from shareholders aspects.