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A Study On Shareholders' Right To Know

Posted on:2011-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166330332458507Subject:Civil and Commercial Law
Abstract/Summary:
With the development of the market economy, we can also see development and maturity in kinds of market subjects. Since a corporation has been admitted as a legal person in law, corporation system has played a more and more important role in the growth in economy of China. In order to get more profits, businessmen make invest to companies, and then they become shareholders of companies. But when the company has been controlled by some boss-shareholders or other people such as some professional managers, how can the most shareholders get their benefits? So the shareholders'right to know is very important to them. It is the foundation of the other rights of shareholders. It is one of the most important parts of rights of shareholders.This paper is divided into the following four parts:The first part of this paper generally gives an introduction of the basic theories of the shareholders'right to know. At first, this paper analyses the theoretic basis of the shareholders'right to know. The theoretic basis includes shareholders'rights and knowing rights.The second part of this paper introduces the main contents of shareholders'right to know, which consists of negative aspect and positive aspect. The former means the company's duties. The later includes right to consult and reproduction and right to suggest and address question.The third part of this paper mainly introduces how to exercise shareholders'right to know. It also consists of two aspects. The negative aspect means company must perform its duties. The positive aspect means that shareholders can exercise the right by themselves or with the help of the People Court.The forth part of this paper firstly analyzes advantages and disadvantages of Chinese Company Law, and then gives an introduction of relevant legislation of other countries. At last the author advises that the company should undertake responsibility if it doesn't perm its duties, shareholders of a stock company should also has the right to reproduction, and current law should clearly stipulate what do"legitimate purpose"and"reasonable grounds"mean?...
Keywords/Search Tags:Shareholders'Right to Know, Right to Consult and Reproduction, Right to Suggest and Address question
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