Research On The Shareholders' Right To Know Of Limited Liability Corporation

The company system has become popular organized form of modern enterprises. In modern company system, the shareholders'equity is the core content of capability architecture. Whether the shareholders'equity is efficient exertion lie on whether the shareholders'right to know is efficient exertion. It indicates that the shareholders'right to know locates fundamental status in the rule system of the company system. However, the administrative structure of modern company based on the principle that is"the property is separated with the management", which leads to the shareholders acquiring much less management information of the company than the directorate, and the directorate controlling the company. So the shareholder was on an obvious sticky wicket in controlling company and decision-making. The shareholders can make the right decision only when they get sufficient, impersonal and exact. Consequently the shareholders'rights and profits can be protected authentically and sufficiently. The author writes the paper to analyze the function of the shareholders'right to know, by drawing on its occurrence, exertion, realization and relief. The author analyzed the shortages and faultiness of Chinese legislation on the shareholders'rights to know of Limited Liability Corporation. By drawing on other countries'successful experience of legislation and tradition, the author put forward the consummate suggestions.This article is composed with five chapters.The chapter one defines the concept of shareholders' rights to know, the subject of shareholders' rights to know and the identification of shareholders' rights to know that comes into existence. It's an abstract brief of the some rights of inspecting the files about company management, just as financial accounting report, books and records, and inquiring. The author analyzes the subject of shareholders' rights to know in Limited Liability Corporation and proves it is necessary that law endues the rights to know with shareholders.The chapter two defines that the composing of right system, of which shareholders' rights to know in Limited Liability Corporation. The author describes shareholders' rights to know by three sections, which is the right of inspecting, the right of copying and the right of request for empanelling inspector.The chapter three defines that the exertion of shareholders' rights to know in Limited Liability Corporation. It expatiates that the conditions of exertion which include subjective conditions and objective conditions. It expounds that the forms of exertion which include passive exertion and initiative exertion. It also defines that procedure of exertion and restriction of exertion. The chapter four discusses the way to carry out shareholders'rights to know. The text has two sections. Section one mainly describes three company obligations that includes the obligation of keeping books, the obligation of promulgating information and the obligation of assisting which is taken on by assignee of company. Section two discusses how to protect shareholders'rights to know by the way of enduing legal right. It mainly discusses the system of shareholders'union which is used for reference to China.The chapter five dissertates the relief of shareholders'rights to know The text has five sections.In section one, the author introduces the front placed procedure.Section two expatiates the subjects of the lawsuits. Plaintiff is shareholder. Defendants are company, shareholders who control the company, managers, inspectors and other high-level managers.Section three expounds the reasons of the lawsuits.Section four puts forward that it should perform the principle which is"the inversion of burden of persuasion"in the lawsuits which is on the shareholders'rights to know in Limited Liability Corporation.Section five discusses the liability of shareholders'rights to know in the lawsuits.