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On Judicial Remedy for the Small Shareholders’ Rights of Dividends in Limited Liability Company

Author: LiangWei
Tutor: WuJianZhong
School: Shandong University
Course: Legal
Keywords: Ltd. small shareholder rights of dividends judicial remedy
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 26
Quote: 0
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Abstract


The shareholders of Ltd. own the rights to gain the dividends by their actual paymentratio in our company law. However, under the condition of incomplete market mechanismand the default of system of credit this kind of right has been usually encroached by theabuse of big shareholders’ capital majority principle which makes the small shareholderscan’t gain their dividends for long when the companies win sufficiently. Our company lawhasn’t regulated other remedies yet other than shows that the shareholders under thiscondition could apply repossessing their stock rights and remove from the companies. Dueto the characteristic of blockade of Ltd. the shareholders can’t vote by feet and sufferingfrom this a lot. In this dissertation the author begins with the single case, analyzes theactual, legislative and judicial obstacles when the small shareholders realize their rights ofdividends, especially examines the lagging, incomplete and passive of the right of applyingrepossessing stock in protecting the right of dividends in criticized view, then explains thejurisprudent basis and value of judicial remedy for the small shareholders’ rights ofdividends in detail from eight aspects such as thoughts sources, jurisprudent basis, valuesof company law, tensions between articles, institutional predicament, company government,modern ideas and comparative law. According to this the author concludes four pieces ofadvice: first and foremost, state clearly the shareholders own just claims of dividends undercertain condition and construct an action institution for protecting the right of dividendsdirectly from procedure and substantiality; second, complete the institution of dissentingshareholders’ right of applying repossession, indicate the date of stock transfer and costpayment, establish the mechanism of examine and punishment to the malicious evasion ofwithdraw shares, as well as the mechanism of fault damage compensation, evaluation ofshares repossessing and share price payment in advance, and the mechanism of appropriatecompensation, especially regulates the big shareholders who don’t share dividendsmaliciously to perform fault damage compensation to enhance this institution to protect theright actively and efficiently; Third, state clearly the small shareholders’ right of transferring stock and widen their channels of withdraw; Last, borrow ideas from England, add up the remedy regulation of unfair damage. In view of this four pieces of advice the author designs the specific rules of remedy.

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