The Research on the Transfer of Stock Right Contributed in Term |
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Author | FanHongYan |
Tutor | LiangShangShang |
School | Zhejiang University |
Course | Civil and Commercial Law |
Keywords | Installments funded Equity transfer Validity of the contract Accountability |
CLC | D922.291.91 |
Type | Master's thesis |
Year | 2011 |
Downloads | 44 |
Quotes | 0 |
Funded by installments is a form of contribution the flaws funded in compliance with the law , is also a special form of contribution , phased -funded equity transfer affect the company's capital to enrich exit system , shareholders and the company itself , the shareholders of the Company and its company the interests of creditors and other interested parties . This paper studies installments funded not satisfactorily , the equity transfer validity of the contract as well as the equity transfer after the corresponding responsibility . The first part of this paper , starting from the shareholders ' qualifications and the nature of the shareholders' capital contribution obligation , to explore whether the installments funded not satisfactorily shareholders shareholders eligible , then staging funded not satisfactory option power , then from the company capital system development trend , the shareholders' capital contribution obligations transferability demonstrated not complete the unfinished installments contribution obligation Option power has not fully funded equity transfer does not affect the angle . The second part of this article focuses on the effectiveness of the phased -funded equity transfer contract , expand the Real Analysis from the practical point of view of judicial guidance and real case commenced from the the realistic value point of view of the legal principles and to maintain the validity of the contract should be contingent analysis obtained unfinished installments contribution obligation equity transfer contract shall also analyzed the impact of differences in both equity transfer subjective understanding of the validity of the contract . The third part of this article discusses the equity transfer contract effective installments funded liability . Funded from the equity transfer price is used to complement both the equity transfer and other shareholders of the company , the creditors of the company and other shareholders of the company 's responsibility to bear . The final section briefly explore installments funded the equity transfer contract is invalid or revoked responsibility .