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Study on Shareholder’s Right to Information of the Limited Liability Company

Author: ZhuJing
Tutor: HuJiaQiang
School: Ocean University of China
Course: Legal
Keywords: Shareholders' right to know Limited liability company The right to inspect Question the right Judicial relief
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


The emergence and development of the shareholders' right to know is built on the basis of the modern company based on the separation of ownership and management rights. The ultimate owner of the shareholders of the company, transferring the operating rights to the members of the Board of the election of the shareholders' meeting, which will directly lead to a shift in the focus of the company's internal powers, that shareholder centrism \This phenomenon is reflected in the company to the weakening of the powers of shareholders as well as the expansion of the powers of the Board. In this case, the legitimate rights and interests of the shareholders are vulnerable to the erosion of the company's management. Therefore, in order to get the full and effective protection of the rights of shareholders, the company legislation of many countries and regions around the world are made to the shareholders' right to know provisions. Our research and legislation on shareholder's right to know is lagging behind, \breakthrough, but the requirement is still too simple and lack of maneuverability is not conducive to the exercise of the rights of the shareholders of the Company. In view of this, the papers from the shareholders the right to know an overview of the system started to write, discusses the basis of the shareholders of a limited liability company the right to know the basic theoretical research, and learn from regional companies of the relevant national legislative experience, explore our limited liability company shareholders the right to know legislation rebuilt judicial relief and improve shareholders' right to know to make some suggestions. Specifically, content to write into the following four parts: a brief shareholders the right to know the basic theory. First of all, it is clearly the shareholders' right to information and the legal basis: ⑴ shareholders funders of the company's property, but also the interests of the company eventually enjoyed by. ⑵ the principal-agent relationship between shareholders and company managers. Secondly, it should at the same time from the connotation and denotation to summarize the shareholders' right to know. Finally, from a different point of view, the analysis of the properties of the shareholders' right to know. The right to know is the inherent right, the separate shareholder rights, and both since the nature of the right of usufruct and common benefit. The second part focuses on the right to know the basic theory of the shareholders of a limited liability company. First, the definition of the main qualifications of the shareholders of the limited liability company. Then, the different perspectives of academia and practice, discusses the main qualifications of the seven special class of shareholders. Secondly, from both the right to inspect and question the right boundary of the scope of the exercise by the shareholders' right to know. Discussed any of the rights are not absolute, shareholders exercise of the right to information must have reasonable restrictions. The third part is a limited liability company shareholders the right to know the Comparative Law. Common law and civil law is divided into several major countries in the world, the United States, the United Kingdom, Germany, Japan, company law, limited liability company shareholders' right to information system analysis, also pointed out that China is currently the Companies Act for the shareholders of a limited liability company The right to information legislation existing defects. The focus of the fourth part of the shareholders' right to information system of a limited liability company in China exists. Made several suggestions for some aspects of the structural system, the right to inspect, question the right to judicial relief defects. In order to perfect the system of our shareholders 'right to know, in order to effectively safeguard the rights of shareholders, should learn from foreign experience in the shareholders' right to information system, taking into account their special circumstances and the external system digestion and absorption capacity.

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