英文摘要 |
"A new law, the Commercial Case Adjudication Act, is formulated for the purpose of ensuring a proper, expeditious, and professional process for adjudicating major business disputes, improving corporate governance, and elevating the business environment in order to promote economic development. The appraisal proceeding of publicly traded companies is one of the non-congentious cases that are under the jurisdiction of the Commercial Court. How the Commercial Court will play its active role in protecting minority shareholders while taking into account the development and efficiency of the M&A market is getting more and more attention in Taiwan. This article will make an in-depth observation and analysis on the appraisal cases of publicly traded companies after the amendments to the Business Mergers and Acquisitions Act in 2016, in order to gain understandings of the present evaluation methods of share value of publicly traded companies and their related disputes. Additionally, this article will analyze the cases after the decision of the DFC decided by the Delaware Supreme Court in 2017, and observe the changes in the criteria for determining the fair value of the publicly traded company shares. In doing so, this analysis will help to explore possible solutions to related disputes within Taiwan." |