The Interest Measurement Between Equity Circulation and Protection of Characters Based on Shareholders of Limited Company——From the Perspective of Sustainable Development
The conflict between the indirect acquisition and the shareholder's pre-emption right in the Nanjing Nangang Iron and Steel United Co.,Ltd.Control Transfer Case contains a conflict of interest between the equity circulation of the limited company and the protection of characters based on shareholders.Under the framework of sustainable development,the promotion of equity circulation and the protection of the characters based on shareholders of limited liability companies meet the inherent requirements of promoting full competition,realizing long-term value and protecting overall interests respectively to a certain extent,but in the case of conflict between the two,it is necessary to make trade-offs through interest measurement.Based on the results of the eval-uation of the interests of equity liquidity over the characters based on shareholders of a limited liability company,we distinguish the characteristics of characters based on capital and characters based on shareholders of limited liability companies,change the conditions for share transfer to trigger shareholders'pre-emption rights,refine the specific provisions on the equal condition,re-strict the exercise of shareholders'pre-emption rights in the external transfer of share of limited liability companies,and promote the free circulation of equity.
indirect takeoverthe shareholders'pre-emption rightsshare transfercharacters based on shareholderscompany law reform
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