The Study Of Dividend Claim And The Remedies In LLC

The study object of this paper is the "dividend claim and the remedy system"of the shareholders in the limited liability company,a limited liability company has its own characteristics different from the partnership and Co., the protections means and methods.for dividend claim of the shareholders need be different from the LimitedThis study focuses on the basis of dividend claim and the legal relations included in it. Analysis the necessity of judicial ways to protect the minority shareholders, provide theoretical explanation for the legal obstacles in judicial remedies. First of all, we should understand the "share ownership" in ways different from traditional "ownership". We should find the inbeing of share ownership in the environment of majority rule in the company governance framework. Secondly, I believe that the right to dividends is a basic shareholder rights, rights in need of relief is beyond doubt. The key is to rule out the obstacles,list the limitations and scope of judicial intervention. Two cases are discussed:one exists oppression, discrimination and other unfair treatment, one does not exist unfair to the shareholders but there is disagreement about whether distribution of the occasion. Also for the protection of small shareholders, in addition to relief after prior prevention should also be emphasized.Thesis is divided into three main parts, the first is "dividend claim basic theory analysis", through the two aspects of the analysis of the "dividends"--the concepts and elements, make a detailed analysis about "dividend", "distribution", "claim" and "the subject of the claim, "" the object fo the claim "," the ways of the claim", define the connotations of these concepts and analysis the contained legal relationship. The second part is relieves of "the right to request dividend distribution", in addition to the general objection to the resolution of the company, the judicial remedy should be enhanced, Sure the practicability and the necessity of the judicial remedies. China's Company Law has been identified in the law system of share repurchases, the legalistic application, the jurisprudence of the sound reasons and also put forward the reasons and ways for improvement. At last, according to the practice of our country's economic life, more flexible and feasibility preventive programs are put forward.