2003Unpublished venueRequires access

The Reform and Reshape of the Companies of Limited Liability——Suggestion on Revising Some Contents of Company Law of China

Zhao Xu-dong

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Abstract

The existing legislation of Company Law often conflicts with company operation, the development of stock market, judicature and enforcement of laws. The mandatory norms and arbitrary norms of limited liabilities should be examined and reshaped in the following aspects: the reform of the capital system of the companies of limited liability, company control structure, perfection of organization, the balancing mechanism of big and small shareholders and withdrawal of shares, the mechanism of stock right inheritance, the combination of directors' rights and their loyalty, due care, and honour, acknowledging the one-person company.

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What this paper is about

The existing legislation of Company Law often conflicts with company operation, the development of stock market, judicature and enforcement of laws. The mandatory norms and arbitrary norms of limited liabilities should be examined and reshaped in the following aspects: the reform of the capital system of the companies of limited liability, company control structure, perfection of organization, the balancing mechanism of big and small shareholders and withdrawal of shares, the mechanism of stock right inheritance, the combination of directors' rights and their loyalty, due care, and honour, acknowledging the one-person company.

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Available abstract

The existing legislation of Company Law often conflicts with company operation, the development of stock market, judicature and enforcement of laws. The mandatory norms and arbitrary norms of limited liabilities should be examined and reshaped in the following aspects: the reform of the capital system of the companies of limited liability, company control structure, perfection of organization, the balancing mechanism of big and small shareholders and withdrawal of shares, the mechanism of stock right inheritance, the combination of directors' rights and their loyalty, due care, and honour, acknowledging the one-person company.

Key concepts: Joint-stock company, Limited liability, Shareholder, Limited company, Business, Legislation, Liability, Corporate law

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