The Research Of Legal System On The Shareholders Interpellation Rights

As major rights of shareholders, it is great significant for the rights of interpellate to compensate for professional business management from stockowners in companies operating with the company management information between the differences, perfect stockholders meeting system, improve the supervision of the management company shareowners will be, and protect the shareholders. Although the special law for company has long been established shareholder's interpellate rights, it is difficult in reality to shareholders interpellate realization, because the lack of operational too abstract and as a result of the deficiencies of legal norms: while small partners the rights to interpellate the violation but otherwise inaccessible; on the other hand, the management wanton abuse of the rights hands of defaults against shareholders rights. Consequently, the urgent need to strengthen shareholders meeting system in order to improve the protection of shareholders rights and to safeguard the interests of shareholders, the rights to interpellate shareholders as an important shareholders rights included. There are three parts following.First part states in the interpellation rights the definition and characteristics of the shareholders, stockowners in the basic functions and the legal basis for stockowners interpellate right. The shareholders interpellate right are the decision-making and implementation of the matters to the company and asked the directorate interpolate the rights. The rights to interpellate the application are not limited to the shares of the company partners; limited liability company stockowners should have the rights either, as long as it is the company's shareholders should have the right to interpellate. Shareowners have the rights to interpellate the independence, equality and the inherent characteristics: The performance of its independence from the shareholders in interpellate is different from those relating to the rights of stockowners such as the access rights and the propose rights. Equality performance in interpellate is meant for all shareholders and not enjoy the rights of minority partners. The inherent performance of the interpellation is accompanied by a stockholder and cannot be arbitrarily deprived of the right to obtain or restrictions. Interpellation rights have three...