Research On The Way Of The Shareholder Right To Vote Exercise

As a result of the modern company property rights and the operating right separation,the company shareholders certainly not directly participate in the company the management and the management,the shareholder right to vote become the shareholder to intervene the company affair most positive effective method.Whether does the shareholder right to vote effectively exercise is relating the shareholder right realization and joint-stock company's health development.This article thought the right to vote specifically exercises the way is between the shareholder capture the company domination the tool.In our country,besides has the certain research to right to vote collection,to the right to vote proxy,the right to vote trust and the right to vote restricts the agreement firmly very little to involve.This article mainly elaborated the right to vote proxy,the right to vote collection,the right to vote trust and the right to vote restricts the agreement.First part,shareholder right to vote proxy.This part from the legislation pattern,the function,right awarding acted as a substitute the principle with the responsibility four directions facing the vote to carry on the elaboration.The right to vote proxy is the agent relates based on the proxy exercises shareholder's right to vote,the essence mainly is relates single layer proxy qualifications capture to the modern company dual request agent,namely capture the board of directors the domination.The world mostly country and the local company law exercises the right to vote to the shareholder consignee all to have the specific stipulation.Its basic function lies in safeguards the shareholder power exercising,regarding does not want to give up to the company affair words power shareholder,is advantageous to the realization and the expansion to company's controlling force.In the right to vote proxy system,the form,the certificate of delegated authority content,how the deadline and the agent responsibility which awards to the power of attorney stipulated that,to capture the bilateral litigants to be able to have the important influence.Second part,right to vote collection.This part elaborated the right to vote collection legislation pattern,the function,the information has disclosed and the slight defect collection legal relief.The right to vote collection is the power of attorney system on commercial law recent development,caused the power of attorney the attribute to have the radical change,became the object right by the original main body right,became the object which collected.It controls in the present company's general meeting of shareholders operation and the company is playing the count for much role,may become the company the incumbent management level and the those out of power capture the company domination the powerful tool.The power of attorney collection information disclosed is the warrant use rule core,in the judicial practice,must to collect the person to set up a file the material,the collection instruction booklet and the certificate of delegated authority makes full disclosure.Front the various countries mainly and sues the prohibition rule two ways through the lawsuit to carry on the relief to the right to vote collection system,causes the right to vote collection system to be more perfect.Third part,right to vote trust.The right to vote trust is to stock right to vote giving the bailee,has this stock by the bailee and exercises its right to vote.Its essence is carries on using the trust way to the right to vote rearranges,is controls the company one method.This part elaborated the right to vote trust historical evolution and the function,and has carried on the analysis to its overhead construction and the responsibility.The right to vote trust all once has encountered the prohibition in majority of national and in the local legislation,but the present obtained some national and the local approval.In order to prevent the right to vote trust is abused,protects shareholder's legitimate rights and interests,the right to vote trust should use the written form,carries on the registration and male shows,is clear about the trust certificate possessor and bailee's right and the duty,and makes the limit to the trust goal.When the bailee violates the trust agreement the stipulation,should undertake the corresponding civil liability.The fourth part,the right to vote restricts the agreement.This part elaborated the right to vote to restrict the agreement the evolution,the establishment,becomes effective with the right to vote restricts the agreement the relief.In order to achieve to the company domination goal,between the shareholder or the shareholder may sign the right to vote with other third person between to restrict the agreement,exercises to the right to vote carries on the agreement.This article from the English America legal system,the mainland legal system and our country legal precedent and the theory showed the right to vote restricted the agreement the legal effect to experience from has forbidden to the permission process.The right to vote restricts the agreement the establishment generally to be supposed to use the written form,does not have to violate the general legal provision,also does not have to violate forces or the prohibition stipulation,otherwise is invalid.Regarding violates the right to vote to restrict the agreement the relief way mainly to have the consultation,the damage compensate and enforces and so on the way,enforces has become one commonly used way.Actually selects that relief method,the litigant acts according to the concrete case to have the choice the right,judge also has the certain freedom to decide after deliberation the power。...