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The Research Of Small And Medium Shareholders' Right Protects Mechanism

Posted on:2008-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:R F XueFull Text:PDF
GTID:2166360215480019Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The company is the representative commonalty who takes making profit as purpose , the shareholder investment number and the risk that each bears differ from one another , can only as a result with the shareholder investment number to the company as judging a standard , putting pro-rated equality into practice. Therefore, the equal just simple shareholder principle field dissimilation is equal principle of share. The essence justice making company system equal thereby deviating from stock right has demanded , the income from investment of extensive young shareholder expectation having destroyed internal democratic management of company , having fallen through, has dampened whose investment fervency grave.The small and medium shareholder is half following point out the money forehead taking up the company capital total or holds half the following share of company and the shareholder who can not implement some species influence to company management control but not owning a control force. The strong stock holder and the small and medium shareholder identical , are a shareholder to be to fundamental legal status in company, enjoy stockholder's right without exception. The strong stock holder has been appeared but, but in real social life for trying to obtain profit for self , the benefit making use of whose stockholder's right to urge our company to exercise middle in being engaged in outside people commercial affairs intentionally has been benefited by mean but relative method , benefit has been provided to the strong stock holder but has been taken advantage of that by the fact that the benefit damaging a company damaging small and medium shareholder benefit ultimately but gaining exceeding the quota higher than oneself loss from relative method.Law and regulation is to go ahead , the law of cooperation provides shareholders' general meeting rules of debate mainly , the young shareholder removes from mechanism coming to ensure small and medium shareholder right in the entity. Position in having stipulated that shareholder's calling weighs up , motion right , right to vote remove as well as system casting a ballot in accumulative total system in the former , the law of cooperation, from small and medium four aspect guarantee shareholders in the shareholders' general meeting. Law and regulation is then upper in procedure , the law of cooperation relieves coming having provided two kinds legal action mainly centring minor shareholder right be in progress: That tells the resolution blemish and the shareholder represents legal action. Some system has importance to small and medium guarantee shareholder right besides here, the author thinks that but coming failing to bring into to law of cooperation system middle, having the legislation adopting and improving and perfecting value. Include mainly: Right to be informed system, casts a ballot trust system and preference share system.
Keywords/Search Tags:Small and medium shareholder, Right protected, Shareholders' general meeting, Relieve
PDF Full Text Request
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