上市公司股份协议转让中的误区与法律对策（Misunderstandings and Legal Countermeasures in the transfer of shares agreement of listed companies）.docVIP

上市公司股份协议转让中的误区与法律对策（Misunderstandings and Legal Countermeasures in the transfer of shares agreement of listed companies） Misunderstandings and Legal Countermeasures in the transfer of shares agreement of listed companies Author: Mei Shen real Our country company law 143rd provision: the share that the shareholder holds can be transferred lawfully. At present, the transfer of shares of Listed Companies in addition to grant, inheritance and other means of non gratuitous, the transfer of the price in accordance with the different mechanisms of price formation can be divided into: concentration, price transfer and transfer of agreement. For investors, listed companies and managers, the transfer of shares agreement is a new subject. The process involves the share transfer agreement on equity value evaluation and judgment, the particularity of state-owned equity operation and supervision, asset quality evaluation, two market investment value judgment and discovery, control of the listed company to consolidate and transfer and other aspects, which in the specific operation, on the one hand due to related parties to legal system the idea is poor, resulting in many common mistakes; on the other hand, due to the provisions of the transfer agreement more loopholes in the law enforcement departments also have some different opinions. The author believes that, in recent years, the disputes arising from the transfer of shares of listed companies, there are some errors in practice, and it is necessary for us to study and clarify, so as to standardize the operation of the stock right of listed companies. Misunderstanding one: the transfer of shares agreement signed, that is, the transfer of ownership of shares. Some shares of the transferee agreement that, as long as the two sides signed the transfer agreement is valid, and the performance of a payment obligation to get shares of ownership, regardless of whether this agreement transferring the underlying shares and third people sig