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On the Protection of Shareholders’ Right to Know

Author: XiongXiong
Tutor: HouDongDe
School: Southwest University of Political Science
Course: Legal
Keywords: Shareholders' right to know Exercising subjects Exercised within the scope Check the candidate any right of claim
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


Shareholders' right to know has a very important role for the shareholders, it is the premise and foundation for shareholders to exercise other rights. In the modern corporate system, ownership and operation of phase separation of the basic principles of corporate governance, governance principles, the company's operating managers use their information advantage violations of shareholders' right to know, to make damage to the interests of shareholders frequent occurrence. So in the context of such legislation, the world's various countries and regions of the Companies Act provide that the shareholders 'right to information system, the same as our old and new two Companies Act also provides for the shareholders' right to information system. The new company law than the old Companies Act efforts has been to strengthen the protection of shareholders 'rights, but for the provisions of the shareholders' right to know too the principle of the lack of maneuverability, the original intention of the design is difficult to achieve in the judicial practice. Analysis and discussion of a typical disputes of the shareholders' right to know, the theoretical analysis of the cases related to the judicial problems, and then put forward the proposal of building a check candidates any requests right system. In addition to the introduction and conclusion, the body consists of four parts, totaling more than 18,000 words. The first part describes one disputes cause of action of the shareholders' right to know the facts of the case and the focus of controversy, summed up the three controversial focus of the case, are shareholders to transfer their ownership to the exercise of shareholders' right to know whether their original company, the shareholders' right to know the scope of Does it include controlling subsidiaries of financial information as well as the shareholders' right to know whether by checking the person exercised. The second part is the shareholder's right to know the basic theory, introduced from three aspects, the first is to define the concept of a shareholder's right to know; followed to determine the scope of the rights of a shareholder's right to know and its implementation; once again informed the shareholders the legal significance of the rights summarized. The third part is about the theory of the case analysis, which includes three aspects. First theoretical analysis and conclusion of the transfer of ownership of shareholders to exercise the shareholder's right to know whether their original company; followed the shareholders' right to know whether the scope of financial information including controlling subsidiaries issues related to the theoretical analysis and conclusion; Once again, the shareholders' right to know whether the problem by checking exercise related theoretical analysis and conclusion. The fourth part is about the revelation of the case put forward recommendations build any requests right system of checks candidates and discussed the practical significance of the system, the theoretical value, learn from the advanced experience of foreign countries on the basis of the system of exercise elements, the main exercise, exercise program, put forward some recommendations for the rationalization of the terms of reference of the examiner and the inspection report.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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