The Restriction on the Transfer of Shares from Company Constitution of Joint Stock Limited Company
Yuanqing Cai
Abstract
Yuanqing Cai
Abstract
Whether company constitution of Joint Stock Limited Company can restrict the transference of shares or not is seemingly the issue of respecting the autonomy of a company,but actually elicit the different interpretations of the current legislation of the company law.If there are no sufficient reasons to certificate that there is something wrong with the current law,the articles of the restriction on the transference of shares from Joint Stock Limited Company cannot be regarded as the validity of the regulation no matter on domestic or foreign cases.But the internal shareholders who have agreed on these restrictions can handle the related disputes based on the contractual relationship.
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Whether company constitution of Joint Stock Limited Company can restrict the transference of shares or not is seemingly the issue of respecting the autonomy of a company,but actually elicit the different interpretations of the current legislation of the company law.If there are no sufficient reasons to certificate that there is something wrong with the current law,the articles of the restriction on the transference of shares from Joint Stock Limited Company cannot be regarded as the validity of the regulation no matter on domestic or foreign cases.But the internal shareholders who have agreed on these restrictions can handle the related disputes based on the contractual relationship.
Key concepts: Joint-stock company, Shareholder, Parent company, Constitution, Shares outstanding, Limited company, Corporate law, Legislation