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On the small shareholders of listed companies in China the exercise and protection of the right to vote

Author: ChenGuoQin
Tutor: DingDing
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Listed companies Small shareholders Vote Exercise Protection
CLC: D922.291.91
Type: Master's thesis
Year: 2006
Downloads: 240
Quote: 2
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Abstract


Shareholders ' voting rights , also known as shareholder voting rights , shareholders based on the status of shareholder entitled to participate in the shareholders or the shareholders' meeting , and the motion of the General Assembly of the shareholders' right to make certain intention . Has important implications in the company 's operations , shareholders ' voting rights of the shareholders of the Company , it directly determines the status of shareholders in the company , the shareholders' voting rights in the company law has an important position . From the practice of China 's listed companies , is not optimistic the exercise of voting rights by the minority shareholders , small shareholders controlling shareholder dominance reasons indolent in exercising its voting rights , controlling shareholders or major shareholders often take advantage of the capital of the majority vote principle legally deprived of the legitimate rights and interests of the minority shareholders , dissect the underlying causes of this situation , but the minority shareholders' voting rights protection system is imperfect result . In view of the above , I do not surmise shallow to writing papers in the title of the exercise of voting rights of the minority shareholders of listed companies in China and protection , more systematic and comprehensive discussion of the system of voting rights of minority shareholders of listed companies in China through the exposition . The first part of this article : the general theory of voting rights from shareholders to exercise start , focusing on the basic principles of the shareholders' voting rights exercised , that the controlling shareholder is often misuse the majority principle, damage to the company and the legitimate rights and interests of the minority shareholders . Therefore , it is necessary to build a set of preventive and corrective Capital Majority decision to abuse the system , in order to safeguard the legitimate rights and interests of the minority shareholders . The second part of this article : This paper describes the status quo of the exercise of the voting rights of minority shareholders of listed companies in China , and in-depth analysis of its causes , and the need for the system of relief that the voting rights of minority shareholders of listed companies in China . The third part of this article : based on China's national conditions , to learn from foreign legislative, the author puts forward the idea of the voting rights of minority shareholders of listed companies in China protection legislation , specifically to take the following measures : the necessary restrictions on the voting rights of the largest shareholder , the establishment of the system of shareholders' voting rights to exclude , implementation and improve the cumulative voting system , implement and improve the class of shareholders voting system , improve the system of proxy solicitation , the establishment of the system of voting trust .

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