Research On Legal Regulations Of Corporate Public Welfare Equity Donation

The company’s public equity donation is one of the important ways for the company to deal with internal property.With the development of society,more and more companies fulfill their social responsibilities and express their charitable purposes through equity donation.But china’s research on regulation of company public equity donation started late and the legal system of public welfare equity donation is not perfect,for example,mandatory bid limitation is imposed on Cao Wangde’s equity donation and Niu Gensheng needs foreign trust to finish equity donation.Through comparative research methods,case study methods and other research methods,this paper compares the advanced experience of Buffett and Zuckerberg equity donation to discover the problems of Chinese companies in equity donation.And its concrete manifestation includes messy decision-making rights,complicated exercise of procedural rights by recipient,inadequate incentive for stock donation tax,hidden trouble from associated benefits transfer and mandatory bid system.This paper puts forward with four suggestions.First,making full use of the articles of association to limit the power of the board of directors and protect the legitimate rights and interests of all shareholders.Second,completing China’s Trust Law and solving the relevant problems through trust voting.Third,increasing tax relief for charitable equity donations.Fourth,improving accumulative voting system and independent director system under the coordination of system,surpervision and rights relief.Fifth,lifting restrictions on mandatory offer acquisition for public welfare equity donation.it is hoped that the research in this paper will benefit the legal regulation of the company’s public equity donation and promote the development of public welfare in China.