Study On Fiduciary Duty Of Controlling Shareholder

The company shareholder is composed of the two camps, the controlling shareholders and the minority shareholders. Owning the most share of the company, the controlling shareholders are placed in an absolute or opposite controlling position. If no corresponding law duty is confined to them, the controlling shareholders are likely to abuse their power when executing control power. As a result, the company and the minority shareholders'benefits would be invaded. In order to solve the problem, some western countries, such as Britain, America etc, have taken some measures to protect the legal rights and interests of the company and the minority shareholders with the fiduciary duty.This paper mainly concerns about controlling shareholder's fiduciary duty which consists of four parts: survey on controlling shareholder's fiduciary duty, civil law foundation of controlling shareholders'fiduciary duty's generation, performance of controlling shareholder's violation of fiduciary duty and judging standards, precautions and almsgiving measure of controlling shareholder's violation of fiduciary duty.In the part of survey, the definition of controlling shareholder is made in law. Based on analyzing all countries'provisions to the controlling shareholders, we affirm that the controlling shareholders have already converted from pure quantity standard to quality standard. While adopting the quality standard, how to affirm the "control" is a key problem. As a result, by introducing some countries'provisions to "control" and the Chinese scholar's comprehension to "control", we elaborate on affirming a problem towards...