Interpretation and Application of the “Equal Conditions” for Shareholder’s Preemptive Right in Limited Liability Companies

DOI

10.2991/edmi-19.2019.16How to use a DOI?

Keywords

preemptive right, content of equal conditions, notice of equal conditions, special procedures.

Abstract

The “equal conditions” clauses in the Company Law not only guarantee the transfer of shareholders’ right to freely dispose of property and the economic benefits obtained therefrom without substantial damage, but balance the interests among a company’s shareholders. As for the standards and specific content of “equal conditions” and how to identify them, however, there is still a lack of reliable legal basis. Therefore, this article, extracting the interpretation and application principles of the “equal conditions” clauses from judicial practice, aims to solve these problems.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Zhuoyi Gui
PY  - 2019/08
DA  - 2019/08
TI  - Interpretation and Application of the “Equal Conditions” for Shareholder’s Preemptive Right in Limited Liability Companies
BT  - Proceedings of the 1st International Symposium on Economic Development and Management Innovation (EDMI 2019)
PB  - Atlantis Press
SP  - 95
EP  - 111
SN  - 2352-5428
UR  - https://doi.org/10.2991/edmi-19.2019.16
DO  - 10.2991/edmi-19.2019.16
ID  - Gui2019/08
ER  -