Research On Judicial Protection Of Minority Shareholders In Limited Liability Company' Profit Distribution

This dissertation is talking about the judicial protection of Limited Liability Company's profit distribution. It starts with the basic theory of profit distribution and use the comparative method to discuss the protection approaches of shareholder oppression and table a protective proposal of shareholder's right to dividend. The creation of this paper is that it starts with the judicial angle and to solve the problem of the obscure status in law, through the logical explanation of the law now we already have.Shareholders are aimed at obtaining returns by investing money in a company, the rights to dividend is significant for shareholders, especially for the shareholders of LLC. Due to the liquidity shortage of LLC'share, it's hard for the shareholder to protect himself by the market resort, Justice protect is required. Following the majority decision in corporate governance, judicial intervention is exclusive. The balance between corporate governance and judicial intervention is the key to shareholders protected and operations of corporate. Whether and what conditions judicial can intervene company autonomy is the emphases of this article.Chapter one mainly introduce shareholder's right to dividend, including the definition of shareholder's right to dividend, the frame and whether it is suable. It emphasis on whether the abstract shareholder's right to dividend is suable. The court will have the reason to interfere in company autonomy and provide protection to the shareholders, only when the abstract shareholder's right to dividend is suable. If the abstract shareholder's right to dividend is not suable, the court will have no reason to accept the petition to protect the minority shareholders. Although it shows the respect to company autonomy, it shows nothing about the principle of justice.Chapter two analyzes the actuality of protecting shareholders'rights to dividend and its causes. The dividend conflicts are easily occurring in both the Limited Liability Company and Stock Limited Corporation. But there exist a share transfer market; the SLC shareholder can easily transfer their share when conflicts occur. Such protect is hard for LLC shareholder due to the close characteristic. In this chapter, the main reason for shareholder oppression is discussed.Chapters three discuss the judicial protection of Limited Liability Company's profit distribution, which is the most important chapter in this dissertation. This chapter analyzes the situations the court occurred to when they dealing with conflict of profit distribution, and also brings some suggestions, especially some judicial protection suggestion when the minority shareholders oppression happens. All this is based on the aforementioned basic theory of profit distribution and the protection method of shareholder oppression in American law.