股改承诺履行的法律分析

股改承诺本质上是原非流通股股东与流通股股东的合同,但实践中出现了某些承诺在承诺主体、承诺事项等方面存在着法律上的风险,这些风险对承诺的履行构成威胁,并辐射到关于公司治理权力的分配.一旦承诺履行不能实现,法律责任就具有了维护股改利益的意义,而责任规则的微观操作性还需要进一步挖掘.

The Fulfillment of Promise of Share Split Reform: A Legal Analysis

A promise of share split reform is in essence a contract between original holders of non-tradable shares and those of tradable shares. In reality, however, some promises have legal risks in aspects like parities and issues concerned, comprising a threat to their fulfillment and having repercussions for the distribution of corporate governance power. Once a promise cannot be kept, legal liabilities have an added meaning in safeguarding the interests of share split reform, and the micro-level feasibility of liabilities rules calls for further exploration.