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Discussion on the Protection of Minority Shareholders’ Rights in Limited Liability Companies

Author: KongYiDing
Tutor: ZhangZuo
School: East China University of Political Science
Course: Legal
Keywords: Limited liability company Small shareholders Rights Protection Right to know The right to request share repurchase The dissolution of the company the right to request
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract


Abuse may exist due to the characteristics of the limited liability company closed, Majority Rule, making internal prone shareholders' equity disputes, problems controlling shareholders against the interests of minority shareholders. This paper aims at the analysis of the dissolution of the shareholders' right to know, the dissenting shareholder equity repurchase claims and shareholder claims three rights to explore the legal basis for the protection of the rights of minority shareholders in a limited liability company, to study the nature of the interests of minority shareholders invasion reasons. States, according to the different legal traditions, legal theory and judicial practice, the protection of the rights of small shareholders have established a different mode of relief. In this paper, on the common law, civil law, as well as the current Chinese law in the protected mode of the minority shareholders of a limited liability company Comparative Study: Chinese Company Law in the protection of minority shareholders' interests on the theory and judicial practice is still in the development stage, other The country does have a mature legal theory and jurisprudence of the successful experience is worth learning and drawing; still needs to be done to further improve China's law on legislation to protect the rights of minority shareholders. The paper is divided into five parts. The first part provides an overview of our current legislation, especially the right to know, the dissenting shareholder equity repurchase claims and the dissolution of the company requesting the right system to protect the status quo, summed up the practice of minority shareholders in the rights of these three manifestations against the interests of minority shareholders. Revealed in the second part of the legal basis and the practical significance of the protection of the rights of minority shareholders, in order to clarify the need for legislation to protect the minority shareholders of a limited liability company. The third part compares the legislation outside the common law and civil law in the protection of minority shareholders' interests, to judge China's legislative prospects. The fourth part of the list of our current laws the request right system deficiencies in the protection of minority shareholders' interests, especially the right to know, the dissenting shareholder equity repurchase claims and the dissolution of the company. The fifth part of a number of recommendations to improve the protection of the minority shareholders of a limited liability company in China. Still for the shareholders' right to know, the dissenting shareholder's equity repurchase claims and the dissolution of the company claims put forward suggestions for improvement. Recommendations to improve the protection of minority shareholders' interests from both substantive and procedural point of view. Overall, I think our laws to protect the interests of minority shareholders of a limited liability company, there is still much room for development, we need active learning of Two Schools countries advanced legislative experience, combined with the actual situation of our society, contact our economic development characteristics, in order to further improve the legal system to protect the interests of minority shareholders.

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