The Research Of The Shareholders' Rights To Learn The Truth For A Company Limited By Share

Shareholders of company are not only investors but also ultimate beneficiaries of company's assets and benefits.There are general regulations about shareholders' rights in almost every country's company law,such as information rights to look up records,books and other files and supervisory rights,but how to protect such rights is still a disputable problem.As major rights of shareholders,it is great significant for the shareholders' rights to learn the truth to compensate for professional business management from stockowners in companies operating with the company management information between the differences,perfect stockholders meeting system,improve the supervision of the management company shareowners will be,and protect the shareholders.Although the special law for company has long been established the shareholders' rights to learn the truth,but the regulations are set too abstract and unoperative to be applied in the practice.Based on research of experience of foreign countries and analysis of the current situation of related cases in China,this paper makes a number of recommendations concerning the right to learn the truth of shareholders.This paper consists three chapters.Chapter 1 introduces the conception and the theory of the shareholders" rights to learn the truth.The shareholders' rights to learn the truth are the systematic rights,and it comprise of the right to inspect,the right to inquire,the right to choose the inspector in most countries.Of all the rights above,the right to inquire is the core right.The good faith duty to the shareholders for the directorate and the good faith duty to minority shareholders for majority shareholders provide enough practice to establish the shareholders' rights to learn the truth. Chapter 2 introduces the overseas legislative situation of the shareholders' rights to learn the truth,and has carried on the comparative analysis.Chapter 3 covers the deficiency of the shareholder's right to learn the truth and the thinking of how to perfect it.In spite of the improvement of the right to inspect the records and books in our company law,we should expand the category of the subject for inspection,explicit the condition for exercising this right and stipulate the margin of it as well as set up proper procedures.And because of the insufficiency in the rules of the right to inquire in our company law and its essential role in the stockers' meeting,our law should provide the condition,spots, limits of legal purpose and proceedings of remedies in details.At last,our company law should introduce the system of the right to choose the inspector.