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Hedge funds exercise of the shareholders ' right to freedom and constraint

Author: YuJiaZuo
Tutor: ZhangXueZhe
School: China University of Political Science
Course: Comparative Law
Keywords: Hedge funds Shareholder activism Fiduciary duties of shareholders The interests of the company
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract


The activities of hedge funds in the global financial and capital markets has caused widespread concern. Although lagging behind the development of China's capital market, but has become a forced starting to focus on the problem of how to deal with the challenges of the hedge fund. This article is intended to introduce and research deal with hedge funds, legislative, judicial experience and academic research in Germany, providing useful material and explore for China in the regulation of hedge funds. The paper also attempts to further discuss the deeper underlying causes behind the phenomenon of hedge funds, as a tension between the subject and the capital markets, research and stressed the significance of the concept of the interests of the company on the Companies Act. This article will introduce a sensational case manufactured by the hedge fund - German Securities Company case, as the full text of the entry point introduction. The first chapter, the article the basic question of the meaning of the hedge fund, characteristics, and behavior will be a brief introduction. Hedge fund radical behavior is known, often unexpectedly forced the company's management to change its business strategy, and from the behavior of the short-selling and other speculative gain. In the second chapter, the article will focus on the analysis of hedge funds triggered by two issues - occasionally majority vote and no association. These two issues may seem complicated, however, essentially all comes down to the same question, that hedge funds and conflict of interest of the target company. Hedge funds triggered by the conflict of interest mainly two solutions ideas, through legislative reform, strengthening the hedge fund disclosure obligations; duty of loyalty to the use of the shareholders of the Companies Act, cases to solve the problem of abuse of shareholders' rights. Chapter III of the article will mainly compare the two paths of their own advantages and problems. Compared with the strengthening of the hedge fund disclosure obligations, cases resolved more flexible. Subsequently, the fourth chapter will mainly German judicial decisions and scholarly research background, focuses on the theoretical basis of the fiduciary duty of the AG's shareholders, recognized the need for, and the content of the obligation. Even if the shares of the company as a typical owned an aggregate company people together is much weaker than the co Company Limited, but, in the shares of the company, a shareholder can some way harm the interests of other shareholders, which is sufficient to become shareholders fiduciary duty The raison d'etre. China's \This creates the need to define the interests of the company. Chapter V will return to the theme of the interests of the company authorized to discuss the company's interests and border issues. Finally, the conclusion will this article is to summarize and indicate the author's point of view.

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