The Protection Of Minority Shareholders Under The New Chinese Company Law And The German Company Law

The protection of minority shareholders under the New Chinese Company Law and the German Company LawThis research was conducted to determine and compare the current situation of the protection of minority shareholders in China and Germany. The protection of minority shareholders from the expropriation of the management or the controlling shareholders is an important feature of corporate governance. The Old Chinese Company Law only poorly protected minority shareholders, which led to a rising number of corporate scandals. The analysis was carried out on the basis of two subject areas, namely management rights and economic rights. The comparison shows similar as well as different provisions and approaches in the Chinese and German legal system to better safeguard minority shareholders. This paper's conclusion indicates that the New Chinese Company Law changed significantly, since it now contains several provisions strengthening minority shareholders'rights and protecting their interests better.