Research On Proxy Solicitation Law System

China's entry into WTO will inevitably bring about oppochties for economicdevelopment. To acquire dominan position in the face of more and more viciouscomPetition at home and abroad, we should eXPand our company increasingly. Wth theexPansion of the comPany's scale, the number of the comPany's shareholders is sure toincrease. Most of the shareholders spread all over the country and even throughout theworid. The scatters of shareholder's equity are a necessary tendency of the comPany'sdevelopmeni, which brings obstacles and difficulties to shareholder's attending theshareholder's conference. Especially those small shareholders Who own a little sharescause a fact that many shareholders can't or are unwilling to anend the shareholder'sconference because of their minor influence on the resolution of the conference. Tomake comPany's decision democratic and safeguard shareholders' and comPany's legalrights, proxy system accordingly comes into being.Shareholder authorizes proxy and entrusts other Ptople with the right to vote at theshareholder's conference, Which conforms to the values of estabIishing agency systemon civil laW makes things convenient for the shareholder and overcomes the currentcontradiction that shareholder can't or is unwilling to attend the shareholder'sconference. Howevef, if the agent accePts many shareholders' entrust, or evenpropagates widely and collects a large number of proxies, thus Proxy Solicitation comesinto being. Proxy Solicitation means that the client acquires the power of attomey tovote by means of col1ecting a great deal of shareholder's proxies and acts on behalf ofshareholder in attending the shareholder's confernce and concentrats power tOexercise the righ to vote so that the conference will pass some decisions aboatmanaging strategy and reelecting the company's board which are in keeping ed hiswill, thus obtain a special acquisition form which controls practically managing righ ofthe listed companyProxy Solicitation makes it convenient for many shareholders to phocipate in theshareholder's conference to vote and make many shareholders express their opinionscomPletely about the decisions of .the conference, which stimulates their initiatives tOPtlclpate Inthe admlnlstratlon of＊thestratlon co呷观 andhas aposluve role on exertingthes叩ervlslon role of＊theon conference．Proxy sollcltMon as well as stockacqulsition毗asset acqulsltlon Is llkelyto change he comPmP聊's managing class andm＊estheco呷any's co血rol power shift．Thus,on the one hand,It can m冰e good bwer ofasense ofmanaging have an opportunities to eliminate the present Incompete耐 man吗eLm＊e脸见呷anyshlftfrom loss to profits andltcanalso addbenefitsto shareholderand co呷any On the other hand,It can make the present manager adopt the managlllgpolicy that is beneficial to shareholder and co呷则 llTIDrove the managing meas皿escons枯m灯 and heigNen the managing quality Otherwise the present manager ill hayhavea nsk ofbeing removed from office．Proxy sollcltatlon bungs high a good means to thecomPmPanyany's external suPervising power and has great significance to m耶roving hecomPmPany's managing structure．Howeve二 Intheprocess of＊therocess use ofproxy sollclt欢ion,there exists such a situation as extremely unequal Information and most s血eholders oflowqualltyandshoftofmanaglngexperlence．Therefore,It's Inevlt劝lethatsomespeculative buyer of ultenor motives makes use of the drawbacks of proxy sollcltatlon,getshold ofblgpower ofmanaging byproxy sollclMion,goes against肋 agency's ill,m欢es cheats In managing with ill will and pl的s hlsown game．All these cause heMuse ofproxy sollcltatlon,dls呷tthe order ofstockm冰成 senously andbnng greatdamageic the benefits of＊thets compa叫 andthe shareholder． England；恤erlca and other developed coulltnes as well ashlwan dlsmct ofourco见叶 m欢e deliberate rules on legislation to proxy sollcltatlon system ofbenefits测...