@article{ART001604210},
author={Kang, Sun Ho},
title={Justification of compulsory retirement of stock in the corporate reorganization},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={53},
pages={591-617}
TY - JOUR
AU - Kang, Sun Ho
TI - Justification of compulsory retirement of stock in the corporate reorganization
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 53
PB - The Institute for Legal Studies Dong-A University
SP - 591
EP - 617
SN - 1225-3405
AB - Shareholder being management responsibility is compulsory retirement of the full extent of his own stocks. It is named the punitive retirement stock.
The main objective of the punitive retirement stock is charge of the management responsibility to the shareholders and deprive of the control of corporation from shareholders. It is believed that the punitive retirement is improving efficiency of the corporate reorganization through M&A.
It is not try to analyse of justicication for compulsory retirement stock which the reorganized corporate of shareholders have.
The method to improve it, the court of justice would intervine in the decision-making management responsibility of shareholders.
If shareholders are charged for the management responsibility, the shareholders have monetary compensation for loss that the corporate have damaged. It is turn to corporate assets.
For compulsory retirement stock which the reorganized corporate of shareholders have is only authorized to be interested in the value going concern.
The reorganization plan is aimed solely at altering the claims of creditors and equity holders. For fair and equitable modifications to the rights of creditors and equity holders, the going concern value appraised is divided to creditors and equity holders by the relative priority rule. Junior interests is not divided as much as senior interests.
KW - Punitive retirement of stock;compulsory retirement of stock;management responsibility;business management rule;the principle of fair and equity
DO -
UR -
ER -
Kang, Sun Ho. (2011). Justification of compulsory retirement of stock in the corporate reorganization. DONG-A LAW REVIEW, 53, 591-617.
Kang, Sun Ho. 2011, "Justification of compulsory retirement of stock in the corporate reorganization", DONG-A LAW REVIEW, no.53, pp.591-617.
Kang, Sun Ho "Justification of compulsory retirement of stock in the corporate reorganization" DONG-A LAW REVIEW 53 pp.591-617 (2011) : 591.
Kang, Sun Ho. Justification of compulsory retirement of stock in the corporate reorganization. 2011; 53 : 591-617.
Kang, Sun Ho. "Justification of compulsory retirement of stock in the corporate reorganization" DONG-A LAW REVIEW no.53(2011) : 591-617.
Kang, Sun Ho. Justification of compulsory retirement of stock in the corporate reorganization. DONG-A LAW REVIEW, 53, 591-617.
Kang, Sun Ho. Justification of compulsory retirement of stock in the corporate reorganization. DONG-A LAW REVIEW. 2011; 53 591-617.
Kang, Sun Ho. Justification of compulsory retirement of stock in the corporate reorganization. 2011; 53 : 591-617.
Kang, Sun Ho. "Justification of compulsory retirement of stock in the corporate reorganization" DONG-A LAW REVIEW no.53(2011) : 591-617.
