On The Withdrawal Right Of The Stockholder

During the operation of modern company,capital majority principle as one basic principle of company decision-making system, has been adopted widely. According to this principle, the opinions of the dominant stockholders are expedite and their opinions will be the decisions of the company. But these decisions reflect interests and demands of the big stockholders, ignoring the interests of the small stockholders and making the small shareholders fall into a dilemma. The withdrawal right of the stockholders can make the small shareholders go out of this dilemma and their interests be protected through withdrawal from company.The withdrawal right of the stockholder is one kind of relief system in which the specific shareholders requests to withdraw from shareholders'meeting unilaterally, so the shareholders take back investment at fair price. The withdrawal right of shareholders is not only one kind of profit power, but also one kind of form power. It is the withdrawal right of shareholder by terminating an agreement under the specific condition. The withdrawal right of shareholders appears in the form of right of claim of buying stocks in America earliest. Afterwards, it is adopted by many countries. In our country, there is no regulation of withdrawal right of shareholders before the lately revised Company Law is enforced except individual normalization files. After new Company Law is passed, it stipulates the right of requesting the company to buy stocks of the objection shareholders in the certain scope.The establishment of withdrawal right of the stockholders has its deeply theory basis and practice basis. The theory basis of withdrawal right of the stockholders includes five aspects: Firstly, according to capital majority principle, the opinions of small shareholders are often ignored and their interests are damaged. So capital majority principle is definitely impossible to be absolute and the amendment and supplement is the most theory basis of...