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U.S. shareholders of listed companies of proxy solicitation system

Author: GongQing
Tutor: JiLiGang
School: Fudan University
Course: Civil and Commercial Law
Keywords: Shareholder vote Solicitation of proxies U.S. Securities Act
CLC: DD912.28
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


Shareholders to vote the solicitation of proxies from the rule is when the voting rights of the shareholders are unable or unwilling to attend the shareholders' meeting and did not take the initiative to appoint a proxy to exercise voting rights, the incumbent board of directors or shareholders of the company took the initiative to the company (other) shareholders issued its as polling agent \Shareholder vote system of the solicitation of proxies from the operation of the convening of the general meeting of the corporate governance of listed companies and voting on the matter pending, alleviate the problem of information asymmetry of the Board and the shareholders, providing channels for an effective mechanism for shareholders to express their own interests demands. Since 1990s, China's securities market shareholders of proxy solicitation event happened quite frequently blurred, but the lack of relevant legislation and makes a practice operation chaos, unable to play its proper value and efficacy. U.S. Securities Act has a wealth of legislative and judicial resources in this area, this paper focuses on the presentation and analysis of the U.S. Securities Act relating to shareholder of proxy solicitation rules and legislative practice of the China Securities Act put forward legislative proposals. This article consists of four chapters, a total of about 40,000 words. The first chapter deals with an overview of U.S. listed company's shareholders to vote in the solicitation, including solicitation of proxies from the status quo of U.S. listed companies and the positive role of the securities market in the United States, the economic causes of the rise of the solicitation of proxies from system; through the American state and federal overview on the rules in the solicitation, the solicitation of proxies from the definition of the legal nature of the difference with other similar concepts. The regulation focuses on the second chapter of the American solicitation of proxies from the information disclosed in the solicitation of proxies from people information disclosure rules, including the content, format, and procedures for information disclosure, solicitation material misstatement or omission in the information, criteria and breach of subjective fault commissioned book under the legal relief. The third chapter of the shareholders for the solicitation of proxies way to highlight the shareholder proposal system and the power of attorney competitive shareholder may request, in addition to some exceptions, the proposal is published in the proxy statement the company sent to be enlisted for , the other shareholders vote for reference; operators the dissenting shareholders competing solicitation power of attorney, to obtain sufficient voting rights to control the company's business, which the majority of the members of the election of the board of directors shall be commonly referred to as competition in the power of attorney or proxy battle. Chapter event combing the solicitation of proxies in our stock market, the legislative status quo, pointing out the flaws and shortcomings of the legislation, combined with the first few chapters discusses proposed legislative system on China's power of attorney solicitation, the solicitation of proxies from the definition of Power of Attorney legislative proposal for collection of information under the disclosure and shareholder proposal system.

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CLC: > Political, legal > Legal
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