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转投资是公司对外扩张、并购的手段,也是公司经营的内在需求。它既能活跃资本市场,加强企业之间的联系,实现规模经营,也能带来虚增资本、导致公司治理结构失衡等问题。我国新旧公司法对此问题都做了限制性规定,但还是存在这样那样的不足,如何构建适合我国国情的公司转投资法律规制体系是一个值得研究的问题。
Turn investment is the company’s external expansion, the means of mergers and acquisitions, but also the inherent needs of the company. It can not only activate the capital market, strengthen the connection among enterprises, realize the scale management, but also bring about inflated capital and lead to the unbalance of corporate governance structure. The old and new Company Law of our country have made the restriction to this question, but there still exist such kind of insufficiency. How to construct the legal regulation system of the company which is suitable for our national conditions is a problem worth studying.