Research On The Untypical Shareholder's Right Of Inspection

This thesis includes three chapters:Chapterâ… introduces the general issues of Shareholder's Right of Inspection,including the history and theoretical foundation. Beginning with the Inspection history which derived in western country, the essay presents the game playing between shareholders and company which leads to the Inspection law in modern times. then This paper analyzes the value of Inspection right from the perspective of law-economics and contractual relationship, so as to provide a theoretical foundation for its existence and development.Chapterâ…¡elaborates the regulation of Shareholder's Inspection Right in detail. It divides into three parts, the shareholder, the proper purpose and the scope of inspection. As to shareholder, there are mainly three kind of legislation choices in the world. However, untypical Shareholders, such as wether the shareholders who have transferred the shares to others have the shareholders' right to inspect is uncertain in practice. As to proper purpose part, not only those general type but also untypical kind are focused. Take improper management for example, usually, it is the shareholder's obligation to prove the existence of mismanagement. In the end, how to judge "proper purpose" is introduced. As to the scope of inspection, list of shareholder, correspondence, and source documents are included. There are some factors which influence the scope of document for inspection, such as the type of shareholder, the purpose for inspection and whether the parent shareholder's right should be extended to allow inspection of a subsidiary's books and records. In Chapterâ…¢, The author tries to provide some suggestions about the shareholders'right of Inspection, including the shareholder issue, time limitation of action, burden of proof in proceedings and Inspection Agent.