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Research On The Scope Of The Right To Know Of Shareholders Of Limited Liability Company

Posted on:2015-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q G LiuFull Text:PDF
GTID:2176330467454271Subject:Law
Abstract/Summary:PDF Full Text Request
Relatively, the company limited by shares relies on capital integration, a limitedliability company relies on cooperation between shareholders, and because of the sealof co., LTD., the shareholders of the company tend to know the operation and therelated transaction of participation and theirs supervision consciousness is stronger.and is the premise of participation and supervision of company’s business situation,thus limited liability company’s shareholders need more clear and timely informationsof the company’s operating performance. In practice, however, the shareholders’ rightto know are often difficult to secure, often was deprived by company the controllingshareholder or senior executives of company. Therefore, to strengthen the analysisand study shareholder’s right to know the limited liability company also hastheoretical significance and practical significance. In the big system discussion of theshareholders’ right to know, the scope of the right to know is at the core position ofthe problem. But the study of the limited liability company shareholder’s right toknow, cannot leave the carrier the of the company and the shareholders’ rights toanalyze. Based on the above understanding, this article will study the nature of thecompany, characteristics of co., LTD.,, nature of shareholders’ rights firstly, then tostudy the scope of a limited liability company shareholder’s right in the in-depth studyon the legal issues. In this paper, I will analyze characteristics of the nature of thecompany,the characteristics of co., LTD., the nature of shareholder’s right to knowand the basic theory of the basic shareholder’s right to know as a starting point, at thesame time, I will combine foreign advanced legislation experience, analyze theprogress and deficiency in legislation in our country, on this basis on how to bettersafeguard the limited liability company shareholder’s right to know were discussedand suggestions are put forward.The first chapter analysis the basic theory of the company, limited liabilitycompany, shareholders’ rights in this paper. This article analyzes the nature of thecompany and the nature of shareholders’ rights from the perspective of contract, and from the perspective of normative analysis and the function research, points out thedifferences of limited liability companies and joint stock co., LTD. Only the basicstudy on the company and equity itself, can provide a carrier to know limited liabilitycompany shareholder’s right. shareholders’ rights is the connection point ofshareholders and the company, the shareholders’ right to know are a part ofshareholders’ rights, according to the different classification methods, specificclassification of shareholders’ rights content is different.The second chapter discusses the basis theory of the limited shareholders’right to know, the scope of right to know and the significance of the shareholders’right to know. This chapter demonstrates that shareholders’ right to know thetheoretical basis, mainly discusses the essence of the historical evolution of the rightto know, the nature or f right to know and right to know of contract,then discussesscope of the right to know for shareholders ought; At home and abroad in this paper,and then by the provisions of right to know the law, the shareholders’ right to knowthe reality state of argumentation and evaluation; At the end of the paper thesignificance of the shareholders’ right to know is studied.The third chapter mainly aimed at our country law about the scope of limitedliability company shareholder’s right to know that is not clear and narrow and putforward the legislative suggestions, and according to the practical problems in ourcountry, puts forward, accusing the procedure and litigation procedure, whichperfect the guarantee of a limited liability company shareholder’s right to know. Thisarticle suggests that China’s law should definite the role of the company’s articlesabout the shareholders’ right to know, expand the scope of the company’s right toknow, introduces the foreign advanced system such as inspection system, andsimplify the litigation procedure of shareholder’s right to know of our country.
Keywords/Search Tags:contracts, limited liability company, shareholderrights, shareholder’s right to know, remedy procedure ofshareholder’s right to know
PDF Full Text Request
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