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Old 06-21-2011, 12:56 AM   #1
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Default Commitment to change default share of minority sha

Xiao comrades:

in the share reform program, the non-tradable shareholders made manifold commitments. As a small tradable shares, the commitments to be credited is inevitable that some anxiety, we would like to understand if the non-tradable shares against the commitment is not an misdemeanour? If you have against the interests of investors, the investor is the valid basis for rights What? How should sue?
Hebei Luk Luk:
for the share reform program in various commitments, can be divided into 2 categories, an is not a commitment,GHD Deluxe Midnight 2011, one is a commitment. Does not include a commitment to holding lock-term commitment, commitment to ban price, holding the latch period, the proportion of rebate commitments, and commitment as the important proportion of commitments narrated to the increased cash bonus and additional arrangements on the price / premium issue commitment.
in the current share reform program,GHD IV Mini Straighteners, contain commitments, indicating that non-tradable shareholders are extra compliant to use the promise of future expectations and to express the hopes of the reform, but the non-tradable shareholders if the breach is to be responsible, This raises issues of obedience, regulatory issues and commitment to security issues. According to China on compliance
legal consequences.
in the share reform, the agree of averaging that is really a non-tradable shares to tradable shareholders to make binding unilateral contract duties, commitments person who has a unilateral violation of this volunteer commitment, constitutes a breach of contract, breach of contract along the breach should bear the corresponding liability for breach.
this rift are: (1) proceed to be inquired behind the extravaganza of default, which should not act for, and will be asked to corner up to give up for, you should not deed for, will be queried to continue; (2) post-default breaks, antagonism being asked to continue fulfilling, yet the consequences have occurred, may apply the fitting breaks. At this period, responsibility because breach of the encounter, the famous shares of the shareholders who can be brought as breach of compact breach of contract grumble,GHD Diamond Flag 2011, the relevant people's courts should too be approved. Also, because the commitment has constituted chapter of the stock mart information disclosure, therefore, committed to the person making the commitment, once it has been disclosure, becomes portion of their true expression, artificial whether it is made namely, in truth they constitute its misrepresentations, the occurrence of artificial statements, once identified, along to China's Therefore, the hereafter occurrence of non-tradable shareholders (who committed) committed acts of violation, investors can behalf the maximum from their point of view, alternatively select a breach of the complaint, the complaint for breaks in tort alternatively select (case in point, constitute a false statement).
On regulatory issues and their commitment is not only a breach of contract damages publish, regulators and commutes need to create an efficient monitoring machinery. This mechanism not only converge on immediately, should converge on the future.
should be said, though some share reform procedure in a breach of contract damages that commitment, but the wording is preferably ambiguous,GHD Green Straighteners, intentionally or unintentionally, the abstract losses and damages, if the company only that listed companies, of which there is no discipline formulation. Thus, the expression of the relatively poor operational. Therefore, regulators should be by course of executive regulations, or stock exchange through the . For sample, the Shenzhen Stock Exchange has been in the
through practice concluded, the share reform commitments in the commitment of people to decide, at least provided the following conditions and limits: (1) performance risk, that commitment, the commitment to entirely expects the stock market environment and future development trend of listed companies to assess the performance hazard; (two) compliance in good belief, that letter of commitment should be committed to people and their ability to accustom to the tangible performance, reflecting the commitment of people the meaning of that faith; (3) performance of compliance that have to meet the commitment that relevant laws, regulations and regulatory requirements; (4) Performance-operability, that is, stock exchanges and securities registration and accommodation in the company's systems, technical patronize and to accomplish this performance; (5) guarantee of performance, commitment to people that there is a huge commitment to uncertainty,GHD Blue Butterfly 2011, such as overweight, put rights, should have additional good honor, monetary institutions or individuals to provide the necessary performance guarantees, now Wuhan Steel shares to allow for innovative companies to set up qualified securities covered warrants is one example; (6) disclosure of the authenticity of the performance, that is non-tradable shareholders letter of commitment should be made with the share trading reform commitments uncovered in the contents remain the same, here, has been lifted to the status of the Letter of information disclosure of the elevation raised to a high degree of information disclosure is also a commitment to act essentially as a thraldom, once the violation, liability for breach of both a false statement and can be held responsible. Promise to guarantee commitments on security issues
proposed and implemented, is the share reform to defend small investors' interests and important tread. How to
on the promise to guarantee itself,GHD Classic Straighteners, notwithstanding it is only promised to add, but the need for such added rights is also about the credibility of the share reform. Therefore, the promise to vouch wage for breach of contract with the same heaviness as important, therefore, guarantee a backup mechanism and the mechanism to assure that money in the stock reform program should be clearly reflected. Specific performance: (1) commitments to the uncertainty and guarantee the guarantor should be a remove liability to invest the required and sufficient that the performance guarantee; (2) performance guarantee program should comprise by fewest introduce a guarantor, guarantee qualification, by way of security, guarantee headmaster terms of approval, warranties, etc.; (3) the sponsor of the delivery of responsibilities and obligations should be clear, such as split share structure reform of listed companies after the implementation of the sponsor and sponsor representatives should be commitment to the performance of the evolution of supervisory commitment, continued supervision time to the commitment of people who have ended their commitments, and commitment to the sponsor's competence to perform should express their views in the arrangement of the split share structure reform, the sponsor submissions should perform deserving diligence and scrupulous verification of the obligations for commitments, attitudes issued by the sponsor .
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