M&A대가의 유연화와 현금지불합병

• 영문명: The Flexibility of M&A' price and Cash-out merger
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김재형(Jae-Hyeong Kim)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 349~371쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

I think it is desirable to accept the change of enterprise circumstances boldly and to make M&A' price flexible. Firstly, I suggest that mergering company can give the shareholders of mergered company the stocks of parent company of mergering company in stead of the stocks of mergering company. Secondly, I suggest that mergering company can give the shareholders of merged company the stocks of other companies, cashes and other property etc. If so, it will be of help to improvement of corporate governance. And if to make M&A' price flexible, it is important to protect minority shareholders. To do so, firstly it is necessary to convert the burden of proof to the company (or controlling shareholders). Secondly, it is necessary to establish the standard of merger process accurately by statues. Namely a company (or controlling shareholders) must open merger process must be given appraisal by independent especially in case of merger, gain a majority of minority shareholders.

목차

Ⅰ. 서론

Ⅱ. 합병대가의 유연화에 관한 검토

Ⅲ. 합병대가의 유연화에 따른 소수주주 보호

Ⅳ. 결론

참고문헌

[ABSTRACT]