Legislative Consideration Of Shareholder's Right To Know In Lmited Liability Corporation

In modern companies, the majority of small shareholders aren't involved directly in the company's operating management, companies are often controlled by a major shareholder or operators. Shareholders are the investor of the companies, but they have very limited information of companies. Staffs of management often have the chance to obtain unfair benefit, and damage the benefit of shareholders. Shareholder right to know is the foundational right in the shareholder right system. If shareholder right to know can't be fulfilled, other legitimate rights of shareholder can hardly be achieved. We don't have enough provisions of shareholder right to know in our company legislation at the present stage. As the result, shareholders can hardly have the right to know, and get the information of company. So, it is very important to learn legislation of shareholder right to know. Firstly, this article introduces the basic theory of shareholder right to know, then, have same ideas to problems of judicial practice case learning,finally,have same consideration of shareholder right to know in Limited liability corporation in our country.The full text content altogether divides into following there parts:The first part of this paper generally introduces the basic theories of the shareholder right to know. Firstly, giving the definition of the shareholders right to know. At present, the scholars in this field have different opinions about the definition of right to know, and in this paper I maintain that the shareholders right to know refers to the rights of knowing the company's management and financial position, which includes right to inspection,right to consultation. And this right system is not closed but open to renewals and update. Secondly, analyzing the nature of right to know. I make the conclusion in this paper ,that the right to know is natural right as well as the right which can be exercised by only one sharehoulder. Thirdly, clarifying the right to know in the theoretical basis of law as followings. For one thing, the shareholders are the investors and also the final owners of the of the company's property, for another, there exists principal-agent relations between shareholders and the company's management.The second part makes some analysis on the typical difficulties appearing in the judicial practice, and especially emphasizes in discussing the following questions: whether the shareholder which didn't invest enough property they committed has the right to know; whether the shareholders can charge the company's legal representatives and executives as defendants; whether the shareholders can check the original vouchers and contracts; whether the ex-shareholders who are disqualified can exercise the right to know; how to explain legitimate purpose and whether the range of shareholders' right to know involves the controlling company, etc.The third part makes some research on the shareholder right to know in the limited liability corporation. And it mainly consists of three parts. First of all, to establish a unified and consummate system of the shareholder right to know. Secondly, to build and consummate the system of right to consultion, thirdly, consummate the system of right to inspection.