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Analysis of the shareholders' right to information system

Author: YuNing
Tutor: LiDongFang
School: China University of Political Science
Course: Legal
Keywords: Shareholders' right to know Question the right of Right of access Check the candidates for any claims Judicial relief
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 231
Quote: 2
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Abstract


As many companies in the world today will be its ownership and management phase separation, resulting in most of the shareholders can not directly participate in the company's daily operation and management process, this lack of direct knowledge of the shareholders for the company's financial and management status. , But also easily lead to the company's directors, supervisors and senior management personnel to use its dominant position directly to the company management to infringe the legitimate rights and interests of shareholders. Therefore, for shareholders, especially minority shareholders the right to know the full exercise of great significance, relates to other rights of shareholders can be implemented. In this paper draw on advanced legislative experience of the world on the shareholders' right to know, \hereinafter referred to as the \In addition to the introduction and conclusion, the body is divided into three parts: the first part of the introduction of the shareholder's right to know. First, the concept of shareholders' right to know, that this concept of non-legislative concept, but a theoretical concept. Second, the nature of the shareholders' right to know that this right along with the dual characteristics of self-usufruct right of the community benefits. Again, the analysis of the characteristics of the shareholders' right to know - is that the basic rights of shareholders to the realization of other rights; secondary, subordinate color, is an independent right; both instrumental and intentional character; its exercise by certain restrictions. Then, the theoretical basis of the shareholder's right to know: the equal protection of shareholders' legal status; help to reconcile the conflict of interest between shareholders; principal-agent relationship between shareholders and management; Finally, the shareholders informed The scope of the right. Despite the different States on the scope of the provisions of the shareholders' right to know, but in general, including the right of access (right of access of financial and accounting reports, and books right of access, other records of file access rights), the question the right to check the candidate of any claim. The second part analyzes the way of shareholders' right to know and exercise restrictions. A reasonable design of the legal system is only used in practice to achieve the good intentions of the legislators. Ways to shareholders the right to know include: information disclosure. A disadvantage in the information asymmetry due to the shareholders, the company has a responsibility to fulfill its disclosure obligations, the shareholders' right to know can be the basis for achieving; shareholders through self-realization. Shareholders through self-reliant and actively exercise their right to know more to help protect their own interests, the system of Shareholders' Association is to shareholders, in practice a successful example of self-realization of the right to know; the company's directors and managers to assist. Both natural obligation to maximize the interests of the company, as it should be enjoyed by the shareholders as a company ultimately benefits fulfill to assist its obligation to exercise the right to know; judicial remedies. Judicial relief to protect the right to achieve the ultimate and most powerful way, the judicial remedy of great significance for the realization of the shareholders' right to know. Restrictions on the exercise of shareholders 'right to know, through the main objective two limitations to prevent abuse of shareholders' right to know, thus effectively safeguarding the legitimate rights and interests of the company. The third section describes the status of our shareholders' right to know the system and put forward relevant legislative proposals. Of the original \The newly revised \However, the law inherent lag determine the characteristics of any system that inevitably exist in the place of lack and yet to be perfected. Based on this, learn from the success of legislative experience of the world, made the following legislative proposals: to continue to expand the right to know the exercise of the scope to include the original certificate; check the candidates for any system to build China's actual situation; further clarify the shareholders and the companies are entitled to judicial relief The rights of the content.

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