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.
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초록· 키워드
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Shareholders’ agreements means that they are the various agreements entered into between shareholders to ensure the supremacy of shareholders for the company’s policy decision, they are aimed at vouch shareholders’ agreements on voting, give the opportunity to exert influence for management of the company to minority shareholders and protect the rights of minority shareholders from improper exercise of majority shareholders takeover. The target of a shareholders’ agreements varies depending on the circumstances of each company. Especially, Matters relating to the voting rights of shareholders is about fundamental rights of shareholders, our current ｢Commercial Code｣ prescribes agency event of voting, there are no provision of voting agreements and voting trust to be regulated by U.S. State Act, so there has been a discussion of whether the practical need for legislation in the current ｢Commercial Code｣ is or not.
But, Though revised ｢Commercial Code｣ of 2011 prescribed issuance of kinds of stocks and of stocks in voting rights is not or limited, but prescribed matters relating to the exercise of various voting,it was a reaffirmed amendment of the existing position to denied a collective exercise of voting rights due to shareholders’ agreements. But It is an undeniable fact that practical necessity for unified voting exercise as shareholders’ agreements is great in Korea’s corporate governance, and even if the contract was recognized, if there are not regulations such as U.S. State Act, because it causes problems to cannot claim contractual effect about company, but claim contractual effect between contracting parties, it is necessary to introduce shareholders’ agreements in the our ｢Commercial Code｣. Therefore, I would like to discussed in the need for legislation in this paper.
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참고문헌 (25)
참고문헌 신청
ABA / 1985 / Model Business Corporation Act Annotated, Vol. Ⅰ (3rd ed.)
Brenda G. Houck / 1995 / 1994 Statutory Amendments to The Delaware General Corporation / Del. J. Corp. L 20 : 477 ~
C. Stephen Bigler / 1995 / Delaware Update / 4-JUN. L. Today 24
Eckardt Gotz / 1983 / Gesellschaftsrecht, 18. Aufl
H.G. Henn / 1983 / Laws of Corporations and Other Business Enterprise(3rd ed.) / West Pub
Brenda G. Houck / 1995 / 1994 Statutory Amendments to The Delaware General Corporation / Del. J. Corp. L 20 : 477 ~
C. Stephen Bigler / 1995 / Delaware Update / 4-JUN. L. Today 24
Eckardt Gotz / 1983 / Gesellschaftsrecht, 18. Aufl
H.G. Henn / 1983 / Laws of Corporations and Other Business Enterprise(3rd ed.) / West Pub
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