Research On The Legal Issues Of The Acquisition Defense Clauses Of The Company's Articles Of Association In My Country

Since the "battle of Wanbao",the game between takeover and takeover defense has become more and more fierce,especially malicious takeover.The articles of association is the "charter" of the company.It is an important measure to set up the defense clause of acquisition in the articles of association.However,the laws and regulations on the defense clause of acquisition in the articles of association of our country are not perfect,and there is no effective supervision on the defense clause of acquisition,which makes the establishment of defense clause of acquisition in the articles of association of our company be questioned in practice.Therefore,it is very important to study the legal issues of defense clauses in the acquisition of articles of association and improve the path regulation of defense clauses in the acquisition of articles of association.The main content of this paper is divided into the following parts:First of all,it summarizes the defense clauses of the company's articles of association acquisition,defines the concepts of the company's acquisition and defense of acquisition,thus defining the meaning of the defense clauses of the company's articles of association acquisition.Through analyzing the positive and negative effects of the defense clauses of the company's articles of association acquisition,it defines the legal value of the defense clauses of the company's articles of association acquisition,thus affirming the necessity of the defense clauses of the company's articles of association acquisition.Secondly,through the analysis of the status quo of the defense clause of the articles of incorporation acquisition,this paper combs out the existing legal problems of the defense clause of the articles of incorporation acquisition in China.Thirdly,through the analysis and research on the defense clauses of corporate charter acquisition in the United States and Britain,we can learn from overseas experience to improve the regulation of defense clauses of corporate charter acquisition.Finally,the paper puts forward the path regulation of the defense clause of the company's articles of association from the aspects of improving the legal system of the defense clause of the company's articles of association,improving the supervision of the defense clause of the company's articles of association,clarifying the legality examination standard of the defense clause of the company's articles of association,providing the model text of the defense clause of the company's articles of association and improving the path of legal relief.