Dissertation > Excellent graduate degree dissertation topics show

Fiduciary duty of controlling shareholder

Author: ShenZuo
Tutor: JiLiGang
School: Fudan University
Course: Legal
Keywords: Controlling shareholder Fiduciary duty Limit the abuse of power Improve the system
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 219
Quote: 1
Read: Download Dissertation

Abstract


The case of the fiduciary duty of the controlling shareholder, also known as fiduciary duty, is the controlling shareholder in a dominant position, can influence their behavior, to decide the rights and interests of others, the fiduciary obligations assumed by the company and other shareholders in a weak position. In traditional law theory, the shareholders, in principle, should fulfill funded obligations without the need to fulfill other obligations. With the continuous development of market economy, the drawbacks of traditional law theory in the absence of the obligations and responsibilities of the controlling shareholder is gradually revealed, the controlling shareholder of abusing its control over the phenomenon of damage to the Company and its minority shareholders continue to occur. With the development of the fair to the real fair idea, as well as the \protection of shareholders of a worldwide corporate governance has become an important research topic. Since the early 20th century, the controlling shareholder of fiduciary duty has been recognized by the civil law and common law systems theory and legislation in many countries. China shares mostly controlled by state-owned enterprises from the restructuring, the prevalence of the controlling shareholder. The ownership structure is irrational, market mechanisms and inadequate laws and regulations which leads the controlling shareholder of a very serious breach of the duty of good faith abuse of control. In recent years, China's academia around issues actively explore how to limit the controlling shareholder of the abuse of power and to protect the interests of minority shareholders. Of the Companies Act 2005 through legislation confirmed the concept of the controlling shareholder, but there is no controlling shareholder fiduciary duty to make clear provisions carding based on the basic theory of the controlling shareholder fiduciary duty system by specific analysis on the situation of our country, that the controlling shareholder of fiduciary duty to put forward suggestions for improvement, and the relevant provisions of the controlling shareholder of the duty of good faith should be in the clear provisions of the Companies Act. In addition to the introduction and conclusion, the main part of the five chapters. The first chapter, the definition of the controlling shareholder. This chapter explores domestic and international legislative definition of controlling shareholder from the controlling shareholder of the identified standards, and the controlling shareholder of the company based on the principle of \put forward the need to prevent abuse of controlling shareholder Majority Rule below the controlling shareholder of the exposition of the duty of good faith, to pave the way. The second chapter, the controlling shareholder of fiduciary duty theory. This chapter covers the emergence and development of the fiduciary duty of the controlling shareholder, to assume the theoretical basis of the duty of good faith elaborate investigation on comparative law, civil law and common law countries, the controlling shareholder of the theoretical basis of the duty of good faith, as well as our controlling shareholder, for the exposition later laid a strong theoretical foundation. Chapter III, the controlling shareholder of the content of the duty of good faith. This chapter described separately controlling shareholder of the duty of care and duty of loyalty, and the relationship between the exposition of the duty of care and duty of loyalty are two aspects of the duty of good faith, the two complement each other, together constitute the controlling shareholder fiduciary duty connotations. Chapter 4, the behavior of the controlling shareholder of the breach of the duty of good faith and its civil liability. This chapter analyzes the controlling shareholder of the breach of the duty of good faith abuse of control over key performance criteria, the Principles of Responsibility and assume corresponding responsibility. Chapter Five, improve our controlling shareholder fiduciary duty system thinking. This chapter through the analysis and interpretation of the existing provisions of the fiduciary duty of the controlling shareholder in China, pointed out that the current legislation defects of our controlling shareholder of the duty of good faith and put forward suggestions for improvement.

Related Dissertations

  1. On the real estate registration system in China,D923.2
  2. The Study of Mediation of Supplementary Civil Action in Criminal Proceeding in China,D925.2
  3. Empirical research on the behavior of the controlling shareholder of the quality of accounting earnings,F832.51;F224
  4. Analysis and Proposals on Current Situation of the Higher Education Management by Law,D922.16
  5. The Discussion of the Legal Status of Minority Shareholders in the Articles of Incorporation,D922.291.91
  6. Defendant conditional guilty plea punishment system for a number of issues,D925.2
  7. Private Listed Companies ultimate effect of shareholder control and occupation,F832.51
  8. On Lawyer’s Civil Liability,D926.5
  9. Research on the Procuratorial SuPervision for Prisons,D926.3
  10. On the fiduciary duties of directors,D922.291.91
  11. Legal Issues of securities investment fund managers misconduct,F832.51
  12. Our product liability punitive damages system,D923.8
  13. On the employer 's vicarious liability,D923
  14. Study on Pruduct Recall System,D923.8
  15. Law Regulation and Restriction Involving Intellectual Property Abuse,D923.4
  16. Research on Our Country’s Legal System of Rural Social Assistance,D422.6
  17. The supervision system of delegated legislation,D920.0
  18. Soft terms of the letter of credit and trade settlement,F740.4
  19. Review on the Extension of Validity of Arbitration Agreement in International Commercial Arbitration,D997.4
  20. Legal Supervision on Anti-takeover of Listed Companies,D922.291.91
  21. Management of employment of foreigners in China Legal System,D922.14

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile