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Regulation Of Alienation Of The Capital Majority Rule

Posted on:2012-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:X L TianFull Text:PDF
GTID:2166330332997159Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Majority rule is a basic principle of company law and an important feature of the modern corporate system. With the gradual development of the general meeting system, majority rule is becoming mature and eventually be established. The significance of the majority rule is that shareholders who hold shares according to their proportion of shares held to determine the company's controlling shareholder. Controlling shareholder often seek to maximize their own interests while ignoring the normal interests of other shareholders, their advantages through the voting control or dominate the company, in order to achieve the purpose of maximizing their interests. At the same time, the interests of minority shareholders necessarily suffer. In the interests of minority shareholders by ignoring and serious violations of the circumstances, the majority rule inevitable alienation occurred. Manifestations of alienation that many listed companies through the abuse of many of the improper means of control to the detriment of the interests of minority shareholders is a typical performance.Here, we first focus on the majority rule of the theoretical origin and historical development of the track, the majority rule seeks to explore the historical reasons for the growth and development of the law. Secondly, the company zeroed in on China's system of legislation, thinking of institutional problems and lack of majority rule through the basic understanding of the basic situation in our country, put forward some of the principles of sound System. Again, because of our legislation in this regard the company as well as the protection of the interests of small shareholders there are shortcomings, we can learn from the advanced experience of foreign countries under the premise, combined with China's specific conditions, to improve the capital system and thinking about how Majority protect the legitimate rights and interests of minority shareholders. Majority Voting system for improving not only concerned about protecting the interests of minority shareholders, but also justice and fairness is a reflection of the value the law, but also the mediation of the company system and the interests of all shareholders sectors is significant.
Keywords/Search Tags:The Capital Majority Rule, Protection of Minority Shareholders, Shareholder Rights
PDF Full Text Request
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