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Study on the System of the Proxy of the Shareholder’ Voting Rights

Author: DengJuanJuan
Tutor: LiKeWu
School: Central China Normal University
Course: Economic Law
Keywords: Right to vote The right to vote agent The right to vote solicitation Information Disclosure
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 78
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Abstract


The right to vote Agent (Proxy),, also known as of the voting rights of agents, refers to enjoy the shareholders' in the voting rights of based on the its true the meaning of representation of commissioned by that the others in its own name in the the registered holder of such shares for the on the of general meetings the exercise of the the system of of the the voting rights of. The right to vote agent is the the product of the combination of the right to vote and Agency System. The one hand, it is different from the the the right to vote, do not need to everything attend to personally, the other hand, take the initiative, in the due to its Dragon has two types (to commissioned by commissioned by with the passive), is different from the agency system, Therefore, in the about the System Construction on the is different not only from the the right to vote, are also different During the agency system. The right to vote Agency System in on the one hand be able to expansion shareholders 'personal ability, On the other hand is the small and medium-sized to shareholders' intervention the between Technical Path of of the corporate governance, the the spontaneous practice of of China's market also calling to to regulate them the the right to vote Agency System in, Therefore on the the the carried out of the the the right to vote Agent system specification extremely necessary. In the on the the the the settings of the system and making arrangements for, we should as the value orientation in order to the efficiency, fairness of, the company democracy, you want to such the the spirit of runs through the in the the the has always been of the the legislative process. The In this paper, is divided into five parts. The first part is to the shareholders' the right to vote to make basic defined. In the the in-depth of the the basis of of the the concept of analysis of the Shareholders as a the the right to vote Agent on the pointed out that the a the the characteristics of of the the shareholders' the right to vote agent: ie, an agency appointment change in the form; the the primary beneficiary is different; whether the need to other legal and different from the the relevant provisions of. The same time, it discussed the the the the right to vote the Agent and the right to vote the difference between of the trust: the the the relationship between the formation of in the the between the parties is different; the ability to independent the permissions of withdrawal is different; the the name of of the exercise of of voting rights that is different; the the the the existence of time of of legal the provisions of is different; the the permissions of both is different. The in the second part of in the Wen First of all tells the story of necessity of the existence by the the right to vote agency system, followed by pointed out that the our country in the the when the set up and making arrangements for is carried out on the the the right to vote Agent system, it should be in order to the efficiency, fairness, the company democratic as the value orientation. It is precisely because the the right to vote Agency System in is different from the of the agency system in general, so in the third, the fourth, the fifth part, according to the the right to vote agent in the the the different states of of the by the the agent's on the the the establishment of of the the the right to vote Agent, the right to vote to agent's the exercise of the effectiveness of, as well as that it would in violation of from voting at the's commitment to that are civil liability in the agent when the system of at the same time the two routes line carried out analyze of and discusses, that is, in the the which the the establishment of of the the ordinary voting rights of agent's, To investigate the the the the qualifications with the the number of of of the the agent's, the proxy the the grant of of the right to, the revocation of, be borne in the the the of exercise and the the effectiveness and responsibilities of of of of the of ordinary the voting rights on the, to applicable the the the relevant provisions of of the in of Civil Law agency system. In In order to to to better protect the the in the in the the agent of the the the right to vote assembly process be principal 's interests, it should be made on the the Call for the right to vote Agent more stringent the provisions of. In Note on Collection of the the establishment of of the the the right to vote Agent, focused on the the the the main body assembly process, Call for Behavioral Define in the disclosure of the, information; expounded For the effectiveness of Call for the the right to vote agent, from the the behavior of of the Call for people granted by on the the the impact of of the shareholders' RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY as well as acquisition power as Governments on the revocability two aspects of the analysis. The the last part of in the in the this paper,, will violation of the prohibition compensation for the Call for of the responsibility of, is available. Of a false statement with the the legal responsibility of the misleading listed separately for analysis office, at the same time pointed out that the the coping the right to vote Call for a responsibility to conduct exemption several situations.

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