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Study On Legal Issues Of Shareholders' Voting Rights Trust

Posted on:2011-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:P WeiFull Text:PDF
GTID:2166360305482346Subject:Law
Abstract/Summary:PDF Full Text Request
Shareholders'Voting trust is a legal means of requiring and sustaining the dominative right of enterprises. According to The trust agreement Shareholders transfer their share mainly the right to vote to trustee, Shareholders'Voting trust is also called Business Management Trust.In America, it has experienced more than one century and it is very consummate now. We can solve the problem that major shareholders control the general meeting of shareholders completely by using the shareholders voting trust. It has an excellent affect on the completion of the enterprise loan, preventing the related-part transactions. It also provides a new train of thought to perfect the system of voting trust.In a long historical period,in judicial and administrative practice. No provisions of law shall be prohibited is a default principle. Since China adopted the market economy, As a mature Western market economic countries many of the legal principles of the legal system have also been introduced into China,The principle of freedom of contract is one of the principle. From that we know law no requirement shall be allowed. Our country has not developed the trust of shareholders voting rights law,but there are no law to forbid. Therefore, in our legal practice there are many successful cases of proxy voting trusts. With the development of Trust System,Shareholders voting system will also be more widely applied in China's stock companies except Preface,the Body parts of sub-VI of the voting rights of shareholders to be discussed in the Trust system.China's introduction of the trust system is late,Shareholders'Voting trust is very new to most of people. The first part of the article talk about the concept, a brief description of the origin and shareholder voting systems in other countries and regions of the development situation, Using comparing and analysis methods to try to explain clearly the concept of the system, and the development in other countries and regions now. As there are not statutory law about the shareholder voting systems in our country Academia have different perspectives about the introduction of Shareholders'Voting trust system. The second part of the article discusses whether it is necessary to introduce the trust of shareholders voting system, and the system can be replaced by the existing system, thereby affirming the strengths and value of the system.The third section start with the case of the commercial life of the introduction of medium and small shareholders, voting rights and their right to vote is indicate the urgency and necessity to introduce the voting trust system for the protection of shareholders the right to vote.It is precisely because the system of shareholder voting trust system is good for the regulatory managers, preventing the related-party transactions, strengthening small and medium shareholders control the company's institutional strengths, Therefore, this article's fourth section describes the system is different from other systems and the advantage in commercial practice. Part five discusses the entry into force and term of the system.Because the characteristics of Chinese stock companies and the state of development of China Trust Industry in specific circumstances, if we want to develop shareholder voting trust system in our country's there are many obstacles, the sixthth part discusses that the rapid development of shareholder voting rights in our country need to remove obstacles.We can conclude that Shareholders'Voting trust is not widely used now. we should combined with the practice to demonstrate the superiority of the shareholders voting trust finally look to the future and hope the shareholders the right to vote in the economic life of the trust system can play a more number of institutional strengths, but also hoped that the system is more widely used in economic life. In the end of the article the part opens the prospect of future to make the voting trust play more positive role on our economical development and the extensive application in China.
Keywords/Search Tags:Voting trust, Medium and small shareholders, System value
PDF Full Text Request
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