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Study on Shareholder’s Right to Information of the Limited Liability Company

Author: ChenGong
Tutor: LiuBinBin
School: Lanzhou University
Course: Legal
Keywords: the Limited liability company the Shareholder’s right to information the Protection of right to information
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 188
Quote: 5
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Abstract


Along with separation of proprietary rights from management rights and transformation from "the shareholder meeting principle" to "the board of directors principle, Problems with the shareholder’s right to information and the protection of Limited liability company cause the theorists and the judicial practical realm’s high-level attention. The problem about shareholder right to information of the Limited liability company has been involed as early as in the 1993 first law of corporation in our country . The new "Law of corporation", adopted on January 1, 2006, fully and concretely states the rights of lshareholder to information through several articles, On the one hand expands the the scope of shareholder’s right, On the other hand gives a more explicit stipulation on the procedure and the condition for the shareholder to exercise the right. Although the new "Law of corporation" has the breakthrough in shareholder’s right to information of Limited liability company, it still has some questions,such as: the stipulation too principle, operationally not strong, the partial system fuzzy. It is necessity to express my own viewpoint to the related question deficiency, so as to has benefit to the consummation of system and judicial practice on shareholder’s right to information of Limited liability company.This article take the related law of shareholder’s right to information as a basic point. Uses the value analysis and the empirical analysis method, Obtain from the concept and the nature of shareholder’s right to information, and the suitable union illustrative case, then launches the research to some question on the shareholder’s right to information of Limited liability company .This article includes four parts:The first part elaborates the related theory of the shareholder’s right to information. The author has made the limits to the concept and the nature of shareholder’s right to information, and proved the warrant of shareholder’s right to information through the company legal person management structure theory and the management science trust responsibility theory, then propose the key discussion’s concrete question to this article.The second part discusses the shareholder’s right to refer of the Limited liability company. The author decompose the shareholder’s right to refer into the consult scope and the consult way two aspects, and the former and the latter separately contained several questions, in the article have been carrying on the analysis one by one to them.The third part discusses the special shareholder’s right to refer of the Limited liability company. Through understanding of judicial practice, the author summarizes some special shareholder types,such as, the nominal partner, the dormant partner, the former shareholder, the incumbent shareholder, the multiple status shareholders, the slight defect investment shareholder and the female subsidiary company shareholder and so on, and analyses the right to information one by one.The fourth part is the related discussion which recognized to the lawsuit’s onus probandi assignment and the right goal to shareholder’s right to information of Limited liability company. Consulting the difference magnitude of the content that shareholder refer, The author has carried on the assignment through four levels to the onus probandi, and has carried on the explanation to the right goal.

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