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A Study of Cumulative Voting System

Author: ChengXiaoJun
Tutor: MaYueJin
School: Shanxi University of Finance
Course: Economic Law
Keywords: Cumulative voting system Interests of minority shareholders Director
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 51
Quote: 0
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Abstract


Cumulative voting system means that the shareholders' meeting when the election of directors or supervisors, each share to be elected the same number of directors or supervisors of the voting rights, shareholders have the right to vote can concentrate, can also be used separately, according to the number of votes in turn determines director candidates of the voting system. Cumulative voting system as a safeguard the interests of minority shareholders, the electoral system, in its 130-year history of continuous development process tends to mature, make up the majority rule voting abuses of the system, optimizing the corporate governance structure, protecting interests of minority shareholders from to a crucial role. But for our country, regardless of the legislative point of view or from the practice of cumulative voting system is a new system, and start-ups are in the exploratory stage, with the relevant legal system nor complete. Based on our current situation, this article will be divided into five parts analysis of the cumulative voting system and the applicability of legislation: Part I: cumulative voting connotation and characteristics of the legal system. This section discusses the concept of cumulative voting system, operation mechanism and characteristics, focusing on the operation mechanism of the system and the characteristics of the system and the UN demands through direct voting system by comparing the cumulative voting system for the substance to achieve a deep understanding. Part II: The Historical Evolution of the cumulative voting system. Cumulative voting system from generation to now has 130 years of history, this part of the system introduces the generation of development, focusing on the cumulative voting system in the process of development and growth of the United States, UN demands combing trends cumulative voting system and the history of its development and change motivation. Part III: The legal basis of the cumulative voting system and value analysis. It is the cumulative voting system has a profound legal basis and a lot of valid values, only to countries around the world including China have adopted it. This section discusses the legal basis of the cumulative voting system, namely a cumulative voting system and the principle of one share, the relationship with the majority rule, the value of the cumulative voting system, ie optimizing corporate governance, safeguarding the interests of minority shareholders outstanding contribution . UN demands to let everyone know of the introduction of cumulative voting system the necessity and inevitability. Part IV: cumulative voting analysis of the effectiveness of the legal system. Cumulative voting system is a practical, rational numbers particularly strong electoral system. Only through the company's analysis of examples in order so that we truly understand the operating principles of the system and the real function. This part mainly through examples to illustrate the cumulative voting system as well as its internal operation mechanism of Game features. Part V: The real purpose of this writing is that the cumulative voting system for our current legislative defects and hinder the system to analyze the benign operating environment, thus improving on the basis of the cumulative voting system proposed feasibility proposal. Therefore, the part of the main analysis of China's legislation concerning the lack of cumulative voting system as well as the implementation of cumulative voting system of the adverse environment and on this basis, propose appropriate amendments cumulative voting system mode, and expand the scope of shareholders with voting rights, clearly defined cumulative voting system can work together for the election of directors and supervisors as soon as possible to establish the right to pre-exercise cumulative voting procedures, effectively offsetting the cumulative voting system to establish safeguards mechanism proposed UN demands for the improvement of the cumulative voting system contribute mite to the force.

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