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The Study Of Protection Of Rights Of Minority Shareholders In Corporation

Posted on:2008-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:X N ZhongFull Text:PDF
GTID:2166360215966614Subject:Law
Abstract/Summary:PDF Full Text Request
This paper concerns the protection of the minority shareholders' rights and interests in the Joint-stock company. The shareholders of Joint-stock company can be divided into minority shareholders and majority shareholders according to the differences of their influence and control on the corporation on the basis of their share they possess. Since the majority shareholders possess more shares, their capital is at more risk. So they gain the more rights of audience on the corporation's affairs. But in reality the majority shareholders are very easy to dissimilate the original function of the Majority Rule . They will force their illegal intentions on the minority shareholders who are in weaker situation. Or they will achieve their aim of encroaching the minority shareholders' rights and interests through electing their own agents. They abused the Majority Rule, and they also violated the pursuit of just law on the shareholders' equality. If we want to rectify the dissimilation of the Majority Rule, on one hand we must control the majority shareholders. We should require Of the majority shareholders to undertake the honest duties. On the other hand, we should vest the minority shareholders with more rights, including rights of convention, rights to information, rights of motion, rights of votion, etc on pre-time protection of meeting of shareholders . And also the relief after their rights and interests are damaged, that's to say, the rights of taking a lawsuit. In addition, it is worthy of exploring the resource's consummation of the perfect company governing structure in this paper.
Keywords/Search Tags:The minority shareholds' rights and interests, majority rule, governing structure, derivative action
PDF Full Text Request
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