Research On Shareholders' Voting Right

The mainline of this thesis is the voting rights of the shareholder. combined with the advanced experience of legislation aboard, which elaborates the basic theory of the voting rights of the shareholder. It is beginning with the conception and character of the voting rights of the shareholder and dissert summarily the basic knowledge of the voting rights of the shareholder. Then based on the important significances of the voting rights of the shareholder, it lays stress on the exertion of the voting rights of the shareholder to much extent. Finally it elaborates some special institution of the voting rights of the shareholder. The main objective of this essay lies in: use and incorporate the advanced experience of legislation of other countries adequately, perfect institutionally the basic mechanism of the voting rights of the shareholder of the company legislation of our countries. This essay is divided into three parts.This thesis is divided into three parts as followed. Part One the Basic Theory of the Voting Rights of the ShareholderThe first part of the essay mainly introduces the basic viewpoints of conception, character and classification of the voting rights of the shareholder, and so on. It considers that the voting rights of the shareholder is a right which is given to the shareholder based on the status of the shareholder, and the shareholder making some intentional representation to participate in forming the intention on the resolution of the shareholder's meeting. The voting rights of the shareholder have many characters such as special civil rights, singularity rights, inherence rights, and common interest rights. According to the different standards, the voting rights of the shareholder includes :ordinary voting rights and special voting rights, individual voting rights and community voting rights, complete voting rights, limited voting rights and no voting rights.Part Two the Exertion of the Voting Rights This is the center part of this essay. It mainly disserts the exertion of the voting rights in detail. It has been divided into 4 parts as followed: The behavior of the exertion of the voting rights of the shareholder is a legal behavior that the shareholder makes their own intentional representations in law of the proposal item of the shareholder's meeting. Decided by the character of joint investment of the company, most countries' company legislation radiate the basic principles that the shareholder exerts the voting rights, i.e. the principle that one stock only has one voting right. The principle that one stock only has one voting right not excludes to restrict the voting rights of the certain stock or the certain shareholder who have the stocks by law or in the accessible sphere of the law.The manner of the exertion of the voting rights of the shareholder includes in-person exertion, the agency exertion of the voting rights, the written exertion of the voting rights and the network exertion of the voting rights. In-person exertion. In-person exertion is that the shareholder attends the shareholder's meeting by himself and exert his voting rights.The agency exertion of the voting rights. The agency exertion is the necessary result of highly dispersed rights of the stock. In the company institution of the modern developed countries and regions, the frequent agency has two forms as the author says in the thesis.The written exertion of the voting rights. When the shareholder won't or can't attend the shareholder's meeting, the shareholder can depute the others to exert the voting rights acting as the agent. But the agent maybe go back on the true intention of the shareholder and vote. So the written exertion of the voting rights turns out. The Corporate Law of our country has no regulation on the written exertion of the voting rights. But correlated legislations of the listed companies permit the written pattern. But the extent of the application of the written exertion is very narrow. The network exertion of the voting rights. With the rapid development of the...