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Co., Ltd. shareholders' right to inspect accounting books

Author: LiShiLei
Tutor: XuZhongQi
School: Central University for Nationalities
Course: Legal
Keywords: The right to access to the accounting books Contract Legitimate purposes Original accounting documents
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 65
Quote: 0
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Abstract


With the growing separation of ownership and the right to operate, most shareholders do not actually directly involved in the operation and management of the company and shareholders to fully exercise their rights, we must fully understand the company's information, in particular, business information and financial information. In the modern corporate management structure, the shareholders 'right to information is an important right enjoyed by the shareholders of the Company, the shareholders' right to know the rules in the foundation of the economy. In real life, the company violated the shareholders 'right to know the phenomenon still exists to safeguard the shareholders' right to know how effective the corporate legal system in China must solve the problem, a series of questions of the shareholders the right to know the features and implementation mechanisms in theory The beneficial and practice. Article 34 of the new Companies Act introduced the books of access rights of the shareholders of a limited liability company, is a big step forward in our legislation. However, only one legal provisions and can not completely have to ensure the realization of the shareholders' right to know. Therefore, how to establish in our country a relatively complete legal system of the shareholders 'right to know how the shareholders' right to information to the the tangible security problem has become a common focus of practitioners and academics. Sub-chapters on this article shareholder accounting books right of access to elaborate and discuss the second chapter from the point of view of the company's contract on contract explain the essence of the right of shareholders to emphasize the company's shareholders the right to contract attributes, in turn, as a shareholder of the content of the right to inspection rights contract to explain, to define their rights and property of the main rules of the access rights of the shareholders of the Company, the rules of the target range, the legitimate purpose of rules for the interpretation of the contract theory. Thus confirming the shareholder inspection right since usufruct and common usufruct both of the properties. Chapter two main points elaborated, Section I of the difference Limited ordinary shareholders and special shareholders' right to inspect accounting books. In this section, I summarized some special classes of whether shareholders should be entitled to access to the right as well as how to enjoy. Section II discusses whether the AG shareholders should have the right to inspect the accounting books LIMITED. Simply provides shareholders of a limited liability company accounting books right of access, but the shareholders of the company's shares has not yet provided This section discusses the AG shareholders are also granted the right to access to the accounting books, and whether or not this give the necessary restrictions in the new company law how to restrict, until the abolition of the restrictions. Chapter the feasibility of the original accounting documents right of access. New \the original accounting documents, accounting books and whether subsisting long inspection and whether the articles of association the right to inspect the autonomy provisions. This chapter focuses on whether the shareholders have the right to access to the original accounting documents. Chapter Inspection Rights System of shareholder accounting books in practice, about to apply theory to practice in system design, elaborate divided into three: (a) the shareholder the right to access the exercise program (b) inspection by shareholders The exercise by the infringement of the right to relief (This section relates to the burden of proof) (c) of the Perfection of the shareholders' right of access.

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