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On Restrictions on Transfer of Shares Held by Employees
Employee stock ownership,Freedom of transferring shares,restrictions on transfer of shares,
|Publication Year :||2020|
Employee stock ownership is an important compensation mechanism which is not only to motivate employees, but also to enhance collaboration between employers and employees. The Company Act also encourages corporates to compensate employees with stocks and provides various tools, including new shares reserved for subscription by employees, employees’ compensation by getting shares, treasury stocks transferred to employees, employee stock options and restricted stocks. A company can choose single or multiple tools to establish its own employees’ compensation system.
For the sake of stability of ownership and organization, a company may limit the transferability of the shares owned by employees by contract. However, the freedom of transferring shares is a significant principle of the Company Act. Practically, the court recognizes the way to restrict transfer of shares held by employees is legal. This thesis will analyze whether it has the solid standpoint, whether it violates the principle of freedom of transferring share, whether getting shares from different channels will cause different results, what the major issues are when arguments happen, what the court’s opinions are, and how companies shall do to avoid disputes.
After analyzing relevant doctrine and practical cases, this thesis will point out the problems which exist in current laws and practices and provide some suggestions on further legal amendment. In order to help companies to avoid disputes with employees as a result of imposing restrictions on transfer of shares, this thesis will also propose feasible solutions which companies may use to motivate employees instead of stocks.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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|1.48 MB||Adobe PDF|
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