인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
As the commerce expands and the society becomes more complex and diverse, it is more likely to cause conflicts of the interested parties. Especially, considering investment in stocks is an important part of investment portfolio for both individuals and corporations, it is desirable that the minimum protection mechanism should be prerequisite for rights of the economical weak.
In this regard, Commercial Act and Financial Investment Services and Capital Markets Act enact a provision of shareholder's appraisal rights that protects minority shareholders who might be disadvantaged by decision-making of majority share-holders when a corporation carries forward mergers & acquisitions and etc.
This study aims to discuss shareholder's appraisal rights, accepted in both listed and non-listed companies, focusing on the need for improvement of appraisal rights for listed companies enacted in special cases concerning appraisal rights of shareholders in Financial Investment Services and Capital Markets Act. In detail, main issues of this study are as follow. 1) What is the intent of appraisal rights of shareholders. 2) Is appraisal rights necessary for listed companies. 3) Whether deciding purchase price of stocks from dissenting shareholders under the Financial Investment Services and Capital Markets Act is reasonable. 4) Improvement of article 176-7① of Enforcement Degree of the Financial Investment Services and Capital Markets Act. and 5) Issues related to shareholder's appraisal rights of Korean SPAC(Special Purpose Acquisition Company) in comparison to the conversion rights of American SPAC. and whether appraisal rights should be granted to listed companies with restrictions of resale.
In this regard, Commercial Act and Financial Investment Services and Capital Markets Act enact a provision of shareholder's appraisal rights that protects minority shareholders who might be disadvantaged by decision-making of majority share-holders when a corporation carries forward mergers & acquisitions and etc.
This study aims to discuss shareholder's appraisal rights, accepted in both listed and non-listed companies, focusing on the need for improvement of appraisal rights for listed companies enacted in special cases concerning appraisal rights of shareholders in Financial Investment Services and Capital Markets Act. In detail, main issues of this study are as follow. 1) What is the intent of appraisal rights of shareholders. 2) Is appraisal rights necessary for listed companies. 3) Whether deciding purchase price of stocks from dissenting shareholders under the Financial Investment Services and Capital Markets Act is reasonable. 4) Improvement of article 176-7① of Enforcement Degree of the Financial Investment Services and Capital Markets Act. and 5) Issues related to shareholder's appraisal rights of Korean SPAC(Special Purpose Acquisition Company) in comparison to the conversion rights of American SPAC. and whether appraisal rights should be granted to listed companies with restrictions of resale.
#주식매수청구권
#자본시장법 제165조의5
#자본시장법시행령 제176조의7
#상장회사
#합병
#영업양수도
#소수주주
#스팩
#전매제한
#Appraisal rights
#Article 165-5 of Financial Investment Services and Capital Markets Act
#Article 176-7① of Enforcement Degree of the Financial Investment Services and Capital Markets Act
#listed company
#M&A(Mergers and Acquisitions)
#Minority shareholders
#SPAC(Special Purpose Acquisition Company)
#Restrictions of resale
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
- Ⅰ. 서언
- Ⅱ. 주식매수청구권(Appraisal Rights)의 의의와 연혁
- Ⅲ. 주식매수청구권 특례조항의 필요성 여부
- Ⅳ. 주식매수청구가격의 조정 - 법원에 의한 조정
- Ⅴ. 상장회사의 주식매수청구권과 관련한 새로운 쟁점사항
- Ⅵ. 결론
- 參考文獻
- 〈Abstract〉
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2012-366-003692331
