On The Appraisal Right Of Dissentient Shareholders

The system of the appraisal right of dissentient shareholders is an important and efficient way to protect the benefit of the minority shareholders. The system provides a middle way to solve the conflicts inside a corporation. It doesn't only meet the need of the shareholders who are controlling the corporation indeed, but also protect the dissentient shareholders, who are helpless in self-protection and want to get their money back legally, the system of the appraisal right of dissentient shareholders is the final protection. Also, the system has a special function of intimidation. Intimidated by the foregoing system, the board of directors has to be as careful as possible on its decision, which the board of directors hopes to be supported by most of the shareholders. The system of the appraisal right of dissentient shareholders is introduced, and the basis of the system is analyzed in this paper. The author claims that the system of the appraisal right of dissentient shareholders should be perfected in our corporate law.This paper contains three parts. Here the author just elaborates every part briefly.The first part talks about the conception, the characteristics and the theoretic basis of the appraisal right. In this paper, the appraisal right of the dissentient shareholders is a right of the shareholders, whose benefit is not met by the decision of the meeting of the shareholders, to sell his shares to the corporation or the shareholders whose benefit is met by the foregoing decision at a reasonable price. The right can not be rejected. Additionally, the author...