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Research On The Rroxy Solicitation System Of Listed Companies

Posted on:2010-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2166360275451844Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In China, economic reforms deepened constantly, this has further developed the securities market. In the practice some problems have appeared that the role of more and more shareholders have been weakened and interests of small and medium-sized shareholders have been harmed, so adjusting and improving the governance structure of listed companies have become imminent. Active participation of shareholders is an important measure in adjusting and improving the corporate governance structure, the way to participate in the exercise is the right to vote, which listed the company's proxy statement for the assembly of space left. In recent years, as a "victory for the shares" and the gradual emergence of this kind of cases, the state attorney has developed a number of assembly rules, but the effect was small. Therefore, the paper combined with the reality of our country and the full experience from abroad, is divided into five parts of a more in-depth studies.The first part gives a general introduction to thesis writing background and significance of the research scholars and research perspectives and methods. Stake in China's listed companies as a result of the relative dispersion, and to perfect the corporate governance structure to protect the interests of investors is an urgent practical problem to be solved. The current analyses lack of targeted comparison, so select a unique perspective, combine research methods such as normative analysis, empirical analysis, comparative analysis, and committed to the legal system assembly instructions study, which has important theoretical and practical significance in laying a solid theoretical foundation, improving collection practices and the legal system.The second part focuses on the collection system of listed companies proxy basic theoretical issues involved. By analyzing the collection and proxy of the United States, Taiwan and other countries and regions, defines the meaning of assembly instructions, and compare a few of the important concepts about assembly of the power of attorney and proxy to exercise the right to vote, voting trust, power of attorney to buy, and introduces the nature of the assembly instructions. The instructions stressed the importance of collecting part of strengthening the restrictions on the company's management to give full play to functions such as general system function, and analyze the theoretical foundation in terms of the civil law, company law, securities law system.The third part focused on comparing the proxy collection system of United States, Germany, Japan and other countries which have an earlier and better start in the development. According to the specific circumstances of countries and regions, the differences in choice of the United States, Germany, as the focus of the main assembly of the power of attorney and behavior found that the role of the scope of the operational characteristics such as depth analysis of Japan, the United Kingdom and Taiwan are briefly summarized. In the basis of comparative analysis, summarize general revelation which is contributed to the development of Chinese listed company's legal system and attorney general assembly.The fourth part researches the main power of completing the law system of assembly attorney from the development of listed companies' case about assembly instructions in China and the shortcomings and deficiencies in the existing legal system. Although there are some principled rules in the current legal system, the collection system on the power of attorney is not involved in the core content and the assembly process lacks of regulation and specific measures for supervision, which still remains at the level of delegated authority, and some of the interoperability specification, inadequate in technical. In the process of practice, there are short of meaningful activities of collecting assembly instructions, assembly instructions is more be regarded as a form than be taken seriously by the listed companies.The fifth part, on the basis of comparative analysis and reparation for deficiencies in the current system, makes a basic countermeasure to perfect legal system of proxy collection in Chinese listed companies. Identify features from a reasonable starting position, through multiple of basic principles such as identification of fair competition, information disclosure, the right to prevent abuse, regulatory protection and relief to the, and ultimately, design the legal system of assembly instructions for listed companies, both were qualified to collect assembly behavior, and defective assembly of the relief, such as liability, involving the contents of a more comprehensive, which provides a references to improve China's legal system.
Keywords/Search Tags:the Rroxy Solicitation, Agents the right to vote, Information Disclosure, Fair competition
PDF Full Text Request
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