Exit remedies for minority shareholders in close companies
Einde inhoudsopgave
Exit remedies for minority shareholders in close companies (IVOR nr. 82) 2011/1.3.1.1.1:1.3.1.1.1 The United States
Exit remedies for minority shareholders in close companies (IVOR nr. 82) 2011/1.3.1.1.1
1.3.1.1.1 The United States
Documentgegevens:
dr. Q. Wang, datum 02-05-2011
- Datum
02-05-2011
- Auteur
dr. Q. Wang
- JCDI
JCDI:ADS408538:1
- Vakgebied(en)
Ondernemingsrecht (V)
Toon alle voetnoten
Voetnoten
Voetnoten
The first version of the appraisal remedy is believed to have been laid down in the Ohio corporate statute in 1851.
Deze functie is alleen te gebruiken als je bent ingelogd.
The United States is the origin of the appraisal remedy. Its corporate law has provided the right of a judicial appraisal for more than one hundred years.1 Currently, it is still a leading jurisdiction in the application of this remedy. With the revision of the Model Business Corporations Act (the MBCA) in 2005, the provisions for this remedy have become more sophisticated and advanced. In the Chinese Company Law 2006, the appraisal remedy was introduced and established in Article 75. Chinese legislators are believed to have transplanted the remedy from the US. That is why the United States was selected in this comparative study.
As to the oppression remedy, though the US is not the country of origin, it is a jurisdiction in which this remedy is active and developed. An examination of the cases judged by the courts shows a clear trend of development in the use of this remedy. The experience gained in the US with respect to this remedy is thus very useful for China as well.