A Research On The Law System Of Voting Trust

Voting trust is development and innovation of the trust mechanism in the company domain. It is a kind of special trust that takes voting right of shareholder as objection. Voting trust substantially is a king of law design, it is that shareholders concentrate the right of attendance the shareholders' meeting and the right of proceeding voting at one trustee or several trustees. Making the trustees pass the board director's election or other resolution decide of item, influencing or controlling company business decision and make it attain to match to entrust shareholder will and request. Since voting trust appeared in the Untied States, it has performed significant function, such as, maintaining the minority shareholder's rights and interests, improving corporation government, safeguarding the creditor's benefit and so on.This article has utilized the comprehensive analysis method, the comparison analysis method, substantial evidence analysis method, and it composed by four chapters of contents. The First Chapter is about the outline of voting trust, clarified concept, characteristic, function of voting trust and the comparison between voting trust and other similar systems. The Second Chapter is about the history origin and development and theories controversy which is a voting trust, introduced the history development of voting trust, particularly its development at the United States . And dissertated the negativism theory of voting trust and the affirmation theory of voting trust, pointed out the dissension focus is whether the voting trust was acknowledged by law , namely whether is it valid in law. The Third Chapter is the voting trust law system, introduced concretely the establishment of voting trust, voting trust agreements, and the law relation of voting trust, elaborated the controversy about the object of voting trust law relation ,which named "the ownership of share say" and "voting right say" , and deeply analyzed voting right as object of it. The Fourth Chapter is the thinking of how to establish the law system of voting trust in our country. On the basis of American experience and our country' situation, analyzed the necessity and possibility that our country set up the law system of voting trust, and then the author putted forward China should adopt comprehensive legislation mode.