论文部分内容阅读
引言这是一个商法和经济法交叉的问题。现用一则简化的案例探讨国有股东捐赠~①其所持上市公司股份中的法律问题。国有独资公司A出资成立一人有限责任公司B。A董事会决议将其持有的某上市公司15%的股份无偿转让给B公司。主管部门能否允许该转让?国有股东转让上市公司股份目前来看,有下列监管法律法规:《证券法》、《企业国有资产法》、国务院《企业国有资产监督管理暂行条例》、《企业国有资产产权登记管理办法》、财政部《企业国有资产产权登记管理办法实施细则》、国资委、财政部《企业国有产权转让管理暂行办法》、国资委《企业国有产权无偿划转管理暂
Introduction This is a cross-cutting issue between commercial law and economic law. We now use a simplified case study of state-owned shareholders to donate their shares in listed companies held by the legal issues. State-owned sole proprietorship A funded the establishment of one-person limited liability company B. A Board of Directors resolved to transfer 15% of the shares of a listed company held by it to Company B. At present, the following regulatory laws and regulations exist: “Securities Law”, “Law on State-owned Assets of Enterprises”, “Provisional Regulations on the Supervision and Administration of State-owned Assets of Enterprises”, "State-owned Assets Supervision and Administration Commission of the State Council Measures for the Administration of Registration of Assets, Registration Rules for Management of Registration of State-owned Assets of Enterprises by the Ministry of Finance, Interim Measures for the Administration of the Transfer of State-owned Property by SASAC and the Ministry of Finance, and SASAC