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公司转投资实现资本效率,公司自由决策公司事务应合乎法律规制。公司转投资决策以有限责任和公司章程为规制,但立法和实务中都有突破。公司与转投资企业之间关联关系的运作是转投资的重要问题,有必要建立关系运作规制体系。程序规制是公司转投资关系公正救济的保障。本文构建对公司转投资的规制,引导公司正确选择。
Companies to invest to achieve capital efficiency, corporate decision-making free-rider business should comply with the law. The decision of the company to transfer investment is limited by the limited liability and the articles of association, but there are breakthroughs in legislation and practice. The operation of the connection between the company and the investment-backed enterprise is an important issue for the transfer of investment. It is necessary to establish a system of rules governing the operation of the relationship. Regulation of the company is the guarantee of fair relief to the company’s investment relationship. This article builds regulation of the company’s reinvestment and guides the company in the right choices.