Law Protection To The Benefits Of The Minority Shareholders In Listed Companies

The benefits of the minority shareholders always have the difficulties in protecting their rights in listed companies. The reason follows: firstly, a resolution of the shareholders general meeting must be passed by more than one half of the voting rights or two-thirds of the voting rights held by the shareholders present at the meeting formulated in the Company Law of the People's Republic of China; secondly, the shares owned by the state or legal unit is forbidden to flow, but it is permitted to participate in the resolution, in the result, the majority shareholders can always decide anything of the shareholders general meeting while the minority shareholders can decide nothing. Besides, the minority shareholders can hardly influent anything outside the shareholders general meeting; thirdly, it is not formulated in the Company Law of the People's Republic of China that the majority shareholders should assume duty to the minority shareholders, and also not formulated that the directors and managers should assume duty to the minority shareholders, consequently, once the civil rights of the minority shareholders is infringed up-on, the minority shareholders can't hardly earn the civil compensation in accordance with the law. Based on it, I read a part of relevant books and essays as a reference, then I give a series of measures to solve it, such as incorporating the minority shareholders fund meeting to estimate the salaries of the independent directors, and I hope it will be hopeful to the protection of the minority shareholders' rights.