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About Company’s Capital Majority Decision

Author: YuXinMiao
Tutor: ZhengShuGuang
School: Ningbo University
Course: Civil and Commercial Law
Keywords: The Majority Voting rules Vote Share a right Shareholders' equity
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 100
Quote: 0
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Abstract


In this paper, Capital Majority main line voting system involving the company's general inspection, Capital most value analysis, capital majority rule and capital to achieve the specific form of majority voting system revision and improvement. Articles which focus on the company's system and cooperatives, the company shareholders and directors of the Company, a limited liability company in the number of qualified majority voting comparison study, the abuse of majority voting capital and capital majority rule amendments. The Majority is an important principle in the Act, but also a major breakthrough research company system. First, why is the voting rights of the shareholders entitled to the company's affairs and not others, that companies involved in the ownership of voting rights. Shareholders entitled to vote the company, the other participants are not entitled to such power is determined by the body and the shareholders have different status and legal property of the decision. Voting regulation has undergone a unanimous decision of the majority vote from the process, which is determined by the logic of group behavior of the decision, the company as a corporation aggregate, also followed the group mean decision rules and methods - majority rule. \Secondly, through the voting system comparison study, demonstrate the value of capital majority rule. This paper attempts to discuss the decision of the three cases, the number of regulations, drawn Capital Majority share capital of the Company is the democratic system. First, the voting mechanism elaborated cooperatives and cooperatives to take the number of decisions taken by the cause analysis. Second, the Board discussed the company's voting rules. Three is to discuss the provisions of section 43 of the Companies Act, the Companies Act allows a limited liability company of the ordinary resolutions, through the company's articles of association to take exception to the number of decisions, including the Limited also provides for the transfer of foreign equity in the number of decisions taken. Again, there are three kinds of capital to achieve majority rule usually forms: an ordinary resolution that is simple majority vote, a special resolution and the need to agree to a resolution of all shareholders. The need for unanimity on matters required by company law in a foreign country, in our country is not involved in the Companies Act. Finally, the majority rule is just an institutional arrangement is not the best of the rules. In practice, often appear misuse the majority controlling shareholder of the phenomenon. Therefore, our current provisions of the Act, analyzes the various supporting systems existing on the capital majority rule amendments and improvement recommendations accordingly has important practical significance.

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