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An Study On Several Issues Concerning Shareholder's Voting Right System

Posted on:2003-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:D C ZhaoFull Text:PDF
GTID:2156360065961980Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this dissertation, we have discussed on several issues concerning the shareholder's voting rightsystem on the foundation of combining the theory and practice of China Company Law withforeign legislation on companies.In the first part we have discussed on the concept, nature and principle of shareholder'svoting right.In the second part we have discussed on the limitations on shareholder's voting rif lit. Theprinciple of one-voting-right-for-one-share is not absolute. Combining with foreign legislationcases, we have discussed on the non-voting right shares, self-held shares, the voting rights ofparent company shares held by sub-companies and mutual held shares of independent companiesparticipating in each other, multi-voting right shares, and zero shares.In the third part we have discussed on the exercising methods of shareholder's voting rights.The main three exercising methods are self-performing, commission exercising and exercising inwritten form.In the fourth part we have discussed on the shareholder proposal system. Combiningforeign legislation on companies with China's regulations, we have undertaken an analysis on theconditions of shareholder proposal and the examination on and disposal of shareholder proposalsand hence suggest adding a "shareholder proposal right" in the Company Law of China.In the fifth part we have discussed on the accumulating voting right system. We haveundertaken an analysis on two opposite viewpoints concerning the accumulating voting rightsystem from the concept and emerging process of the accumulating voting right, and concludedthat we should legislate on the accumulating voting right in the Company Law of China, i.e., weshould regulate on the accumulating voting rights of shareholders in voting the directors andsupervisors.In the sixth part we have discussed on the issues of commissioning vote agreement and votingright trust systems. Commissioning vote agreement and voting right trust systems are theindirectly realized systems not regulated in the Company Law of China. We have analyzed suchissues combining with the experience of foreign legislation on companies.In conclusion, for better of the share system reform in our country and the normalizeddevelopment of stock companies, it is urgent to complete and enrich the stockholder's votingsystem in China.
Keywords/Search Tags:shareholder's voting right, commissioned voting right performing, collection of trust instrument, accumulating voting right, commissioning vote agreement, voting right trust
PDF Full Text Request
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