2007Journal of Hebei University of Economics and TradeRequires access

China's Anti-takeover System and Overcoming of the Dilemma

Zhai Jing-jin

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Abstract

As the separation of equity ownership and trading rights is progressively pushed forward,the market status for hostile takeover and anti-takeover will become more prominent.But China's legislation is keenly inadequate for there are only fundamental stipulations in the related laws.There shall be the survival space for anti-takeover.Therefore,effective measures have to be taken to perfect relevant systems so as to maintain the long-term interests of companies and stakeholders,to define the directors' obligation of honesty in takeover and to prevent the abuse of power by controlled shareholder.

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As the separation of equity ownership and trading rights is progressively pushed forward,the market status for hostile takeover and anti-takeover will become more prominent.But China's legislation is keenly inadequate for there are only fundamental stipulations in the related laws.There shall be the survival space for anti-takeover.Therefore,effective measures have to be taken to perfect relevant systems so as to maintain the long-term interests of companies and stakeholders,to define the directors' obligation of honesty in takeover and to prevent the abuse of power by controlled shareholder.

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Available abstract

As the separation of equity ownership and trading rights is progressively pushed forward,the market status for hostile takeover and anti-takeover will become more prominent.But China's legislation is keenly inadequate for there are only fundamental stipulations in the related laws.There shall be the survival space for anti-takeover.Therefore,effective measures have to be taken to perfect relevant systems so as to maintain the long-term interests of companies and stakeholders,to define the directors' obligation of honesty in takeover and to prevent the abuse of power by controlled shareholder.

Key concepts: Shareholder, Honesty, Business, Dilemma, China, Legislation, Obligation, Equity (law)

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