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股权回购协议作为保护股东和投资者利益的制度创新,已然成为实现公司决策合理性与公平性的重要内容。反观传统理论对这一做法的否定,现代法治理念已在理论和实践层面上为其找到充分的可行性依据。公证模式下的股权回购协议不仅提高了公司运转的效率,也为预期利益的实现提供了一定的保障,但在应用过程中也可能存在困境与风险。因此,需要完善相关的制度建设,避免不适当的行为影响其效果的发挥。
As a system innovation to protect the interests of shareholders and investors, the stock repurchase agreement has already become an important content to realize the rationality and fairness of the company’s decision-making. On the contrary, the traditional theory negates this approach and the modern idea of the rule of law has found sufficient feasibility basis for it on the theoretical and practical aspects. Equity buy-back agreement in notarized mode not only improves the efficiency of the company’s operation, but also provides some guarantee for the realization of the expected benefits, but there may be difficulties and risks in the application process. Therefore, we need to improve the relevant system construction, to avoid inappropriate behavior affect the effectiveness of its play.