The Validity of Entrenched Provisions of the Articles of Association(PDF)
《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2014年05期
- Page:
- 71-
- Research Field:
- Publishing date:
Info
- Title:
- The Validity of Entrenched Provisions of the Articles of Association
- Author(s):
- WANG Jian-wen; SUN Qing-bai
- Keywords:
- entrenched provisions; articles of association; mandatory rules; voting rights
- PACS:
- -
- DOI:
- -
- Abstract:
- Company Act 2006 of UK includes entrenched provisions of the articles. As a way of protecting the rights and benefits of certain shareholders, entrenched provisions have different types. Within Britain’s law, entrenched provisions cannot violate mandatory rules, deprive shareholders of their statutory rights or burden them with obligations without prior consent. In addition, entrenched provisions should be made for the benefit of the company as a whole. Within China’s law, entrenched provisions can be widely used. Based on the law and relevant cases, the validity of entrenched provisions can be analyzed into different types.
Last Update: 2014-10-05