论文部分内容阅读
近年以来,中概股的私有化现象连续不断发生,并且国内A股市场也逐渐有一些私有化退市的案例。在私有化交易中,两个极为重要的议题是收购方股东强制挤出权利和中小股东利益保护问题。本文分析了上市公司私有化的动因以及私有化可以带给公司的后果,同时解释分析了强制挤出权利。笔者主张现阶段我国证券市场在公司私有化退市这一层面上急需完善信息披露制度,完善对小股东的司法救济路径,建议不急于推出强制挤出制度,应更加注重中小股东的利益保护。
In recent years, the privatization of China stocks has been continuously occurring, and the domestic A-share market has gradually begun to have some privatization delisting cases. In the privatization transaction, two issues of great importance are the issue of the forced squeeze out of the shareholders of the acquirer and the protection of the interests of minority shareholders. This paper analyzes the motivation of the privatization of listed companies and the consequences that privatization can bring to the company, at the same time it explains and analyzes the right of compulsory extrusion. At the present stage, the author argues that the securities market in our country urgently needs to improve the information disclosure system at the level of the privatization of the company and improve the path of judicial remedy to the minority shareholders. It is suggested that the mandatory squeeze system should not be eager to be introduced and more attention should be paid to the protection of minority shareholders’ interests.