The effects and legal remedies of issuing new shares defect
Date Issued
2015
Date
2015
Author(s)
Hung, Ching-Wen
Abstract
Taiwan’s Company Act has legislated for issuing new shares about the contents and procedures to guard against the impacting operation of a company. It has no definite standard of determination that the impacting effect of the issuing new shares on either such procedures violate the law or the articles of incorporation. If the effect is easily to be announced invalid, it will harm the steady of the equity shares structure and the transaction security. Furthermore, it also harms the benefits of the creditors who had related to the company after the illegal issuing new shares. It still retains more research that how to balance against connive Issuing capital shares and the benefits of the stockholder, the stock subscriber, and the creditors. Pursuant to Taiwan’s Company Act, an interested party would sue for defects of shareholders'' resolution or board''s resolution, and the court will be in the opinion of that the effect of the issuing new shares is invalid. Although there are many type of sues could be chosen by the party, there still has problems unsolved under the exercise. We will review and try to find other solutions under Taiwan’s Company Act, and refer to the legal system of Japan in order to bring up amendments of the future direction.
Subjects
issue new shares
pre-emptive rights
inherent right
inequitable issuance of shares
SDGs
Type
thesis
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ntu-104-R98a21094-1.pdf
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