A Study On The Shareholder Voting Trust In Share-Limited Corporation

Voting trust is a lawful means of requiring and sustaining the dominative right of enterprises. Americans use the traditional trust system and flexibly utilize the fiduciary performance of the stockholder's voting right in order to perfect the system of stockholder's voting right. They also use the voting trust to deal with the phenomenon that the company domination is twisted or even abused and the general meeting of shareholders is lost the control of the company. And then it was applied to the different periods of the foundation, normal management and reorganization of corporations. It has an excellent effect on the reconstruction of the companies, the persistence and stabilization of the enterprise policies and the completion of the enterprise loan.There is not statutory law of voting trust in China. But there is a good example about voting trust in the practice. The lawful problems about the voting trust will be the topics which are instantly confronted by the jurisprudential and practice circles. The reason is that voting trust can enhance the legal protection of small shareholders, optimize the structure of corporate governance, and solve the problem due to the dominance of state—owned shares and help restructuring listed companies. And we also should make the law about voting trust in order to decrease the bad effect brought from the loss of rules.It is necessary for us to enter into Voting Trust because of its especial function compared with other similar systems. At the same time, it is valid under the principle of legality and rules in China and it is feasible to execute Voting trust in our country. Using the way of logic and deduction and the comparative method, the author gives the concrete tentative plans about Voting trust in the aspects of the main body, the object and the content.