Loading...
2010
상법개정안상 자기주식 및 주식소각 제도의 검토
Stock Repurchase and Cancellation of Shares Under 2008 Revision Draft to the Korean Commercial Code
건국대학교 법학연구소
논문정보
- Publisher
- 일감법학
- Issue Date
- 2010-08-31
- Keywords
- -
- Citation
- -
- Source
- -
- Journal Title
- -
- Volume
- 18
- Number
- 1
- Start Page
- 135
- End Page
- 190
- DOI
- ISSN
Abstract
This article reviews legal issues related to stock repurchase and cancellatio
n of shares under 2008 revision draft to the Korean Commercial Code(KCC)
which is currently referred to the Korean National Assembly.
The revision draft of the KCC deregulates the stock repurchase mechanism
by liberalizing the repurchase of its own stock by the corporation. The draft
also eradicates the cancellation of shares through the profit and integrates
it into stock repurchase system.
However, the revision draft of the KCC does not stipulate specific method
of stock repurchase. Since the KCC regulates listed and unlisted corporations
simultaneously, the KCC needs to provide various methods of stock repurchas
e including the stock purchase by shareholder agreement or the repurchase
via private transactions.
Regarding the sale of treasury stock the KCC does not prescribe the require
ments and relevant procedures of the sale of treasury stock except the disposit
ion period. With a view to enhancing the flexibility of equity financing and
maintaining the equity ratios of existing shareholders, the sale of treasury
stock must be conducted on equal basis per share.
- 전남대학교
- KCI
- 일감법학
저자 정보
| 이름 | 소속 | ||
|---|---|---|---|
| 등록된 데이터가 없습니다. | |||