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A Research on the Shareholders’ Inquire Right in Joint Stock Limited Company

Author: YangHong
Tutor: MaYueJin
School: Shanxi University of Finance
Course: Economic Law
Keywords: Question the right of shareholders Shareholder qualification Right to exercise Legal Remedies
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 43
Quote: 0
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Abstract

The modern corporate owner of the rights, management rights and supervise the separation of powers and checks and balances, the company's shareholders to the company's management rights to the Board of Directors to exercise general shareholders no longer involved in the day-to-day operations of the company. This will make the serious information asymmetry between the shareholders and the company. Question the right of shareholders is to make up for shareholder access to company information on the defects. Question paper is divided into four sections Corporation shareholders rights are discussed: the first part is an overview of the shareholder question right, analysis shareholders question the nature of the right, which can be seen to question the right of the inherent right of the shareholders, a total of usufruct and separate shareholder rights. Different theories through analysis of the legal basis of scholars from various countries of the question right, the paper argues that the shareholder question the legal basis of the right to the qualifications of the shareholders, the shareholders identity. The subject of rights and obligations of the main body of the second part discusses the question right, the rights body, the main analysis of a single shareholder, shareholders and proxies question the exercise of the right to non-voting shareholders, stock collateral; analysis of the main obligations of the Board the board of directors or board of supervisors, directors or supervisors as to question the right of the main obligations that should be the main obligations of the Board of Directors as the question right. The third part is divided into question the right to exercise, mainly discusses the question of the right to exercise the place, time and scope, the paper argues that the right of the question should be exercised in general meeting, at the same time the system can be introduced prior written question. As for the scope of the question right, should not only be limited to the issues related to the shareholders' meeting. Major analysis of the question right to the limit, restrict of foreign legislative For the question of shareholder identity and content, so as to provide some reference for future legislation. Forced to answer the complaint of the fourth part is the shareholders question the right of legal remedies, the main analysis, revoked the shareholders' meeting the flaws resolution of complaints and damage compensation lawsuit competent plaintiffs and defendants and causes of action, jurisdiction, aging and other issues. China's \practice, often the case of the damage to their own interests, the shareholders are not aware of the company's information. This article will focus on the analysis of the legislation of Germany, Japan, France and other countries about the rights of the shareholders question, in particular, in the exercise of the rights and legal remedies provisions and Analysis of its pros and cons, combined with the specific circumstances of the country, trying to raise some The rationalization views for Improving Corporate legislation.

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