The Reflection Of Corporation Prohibits The Acceptance Of Their Own Stock As A Pledge Subject

Equity pledge as a kind of pledge of rights, in today’s market financing instruments, is one of the commonly used way of security.However, on whether the company can accept their own stock as a pledge of the provisions of the subject, from the "company law" to develop several times to modify, has been a negative attitude.In the modern financial situation is being increasingly open today, across the forbidden mode can no longer meet the financing needs of the market.This article first described in the traditional commercial law theory that companies are prohibited from accepting shares of the company as a pledge of the subject of violation of the legal capital system theory and "company can not become their members" of the theory, and the advantages and disadvantages of the existing provisions of the analysis from the legal principle theory of law of.Secondly, the second chapter is the comparative analysis of the regulatory model of the company’s own shares.Analysis of the current provisions of the rest of the world on behalf of the state for the problem, in recent years, the transformation of the British model and Japan to "acquire shares of the company" lifting the ban, for example, refining amendments to the company law of the People’s Republic of China of the experience of other countries of the reference.Finally, on the company are prohibited from accepting shares of the company as a pledge of the provisions of the successive reflection,put forward specific strategies for risk control of the reconstruction of the law, the possibility and the gradually opening after that step by step to ultimately achieve the company own shares of lifting the ban, is the perfection of the system of pledge of rights and social development in the future of the final direction.