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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:
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DOI:
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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.

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Memo

Memo:
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Last Update: 2014-10-05