Research On Legal Issues Of The System Of Classifeid Shareholders' Meeting

The system of classified shareholders' meeting has a long history in the development of international securities market. Based on the classified shares, the system exerts a special kind of protection to the benefit of classified holders, balancing their interests and ultimately ensuring companies long-term and stable development.The system of classified shareholders' meeting has developed and standardized well overseas, but still a legislative blank in our country. However, class voting is not strange to our country in the least. From the special voting right to the preference shareholders, class voting of A, B and H holders, to the establishment of class voting system of general public holders, the class voting has been widely accepted and applied in our company practice and set up in the form of government regulations and normative documents. Especially the class voting system of general public holders, a special form of traditional class voting system, was brought forward in hot discussion of reformation on the structure of split shares in current situation of China, with lots of praise and disparagement both in existence. Therefore, this article starts from the analysis on the prototype of the class voting system of general public holderssystem-----the system of classified shareholders' meeting, comparativelystudies on its development abroad and at home, demonstrates that the class voting system of general public holders is reasonable in currentbackground of China reformation, and in the end discusses how to device and consummate the system of classified shareholders' meeting in our country in a long run.This thesis can be divided into 3 parts, the preface, the text and the conclusion and the text consists of 4 chapters.Chapter 1: General introduction of the system of classified shareholders' meeting. This chapter consists of 4 sections. Section 1 analyzes on relative concepts of this system, classified shares, classified holders, class voting, to gradually conclude the connotations of this system. Section 2 describes the origin and evolution of this system in a historical angle, obtaining the result that this system derives from the classified shares offering in USA and develops with the voting system change. Section 3 focuses on the practical and jurisprudence basis of this system, proving its rationality. Section 4 concludes in a further step that the significance of this system, generally and practically, to the society based on the above 3 sections.Chapter 2: The practice and sum-up of the system of classified shareholders' meeting applying in major countries (districts). This chapter consists of 2 sections. Section 1 enumerates the relative legislations and companies' practices in major countries (districts). Based on the section 1, section 2 makes its comparison and appraisement, and induces that the mature and normative system abroad provides a good legislative reference to our country and every country develops its own characteristic system in accordance with their own situation and specified practices, with the special holders protected by the system varying.Chapter 3: The development and innovation of the class voting in our country. This chapter consists of 4 sections. Following the track of China securities development, with the government regulations and normative documents in different terms as the clews, the former 3 sections disclose the sprouting, establishment and creative development of China class voting system and on the basis of aforesaid, section 3 emphasizes and analyzes on rationality argumentation and meaningfulness of general public shareholders' voting system. The last section concludes that the complete system of classified shareholders' meeting is not yetlegislatively set up in our country, while the class voting system has widely spread in our country's practice;what's more, it is creatively applied in China current reformation on the structure of split shares and thus shoulders its historical mission.Chapter 4: Legal countermeasures to device and consummate the system of classified shareholders' meeting in our country. This chapter consists of 4 sections. Section 1 analyzes why to set up such system in our country. Section 2 and 3 come up with how to device and consummate this system in our country referring to the overseas experience and combining with our own national situation.