The Protection For Minority Investor Through Non-floating Shares Transfer

Our capital market has got a series achievements during nearly fifteen years. It impels the state-owned enterprise's reform, promotes them to establish the modern enterprise system, carries out advanced management, strengthens the state-owned enterprise's competitive ability; At the same time, it has promoted economy development, adjusted ownership structure, consummated the socialistic market economy system and has played the vital role for our economy development. However, there is inborn flaw with our capital market from the beginning. That is the existence of non-floating share. This article first briefly reviewed the foundation history of our stock market and the historical reason of non-floating shares in the specific conditions, and analyzed the significance and the necessity and the feasibility of non-floating shares transferring based on its benefit protection. Next, this article pointed out that it should be reformed to strengthen the minority investors'benefits, improve the corporate governance and to consummate our capital market combined the present situation of corporate governance. We found that in the process of non-floating shares transferring, the listed company, holding company, institutional investor and the third party trample the minority investors'benefits by their rights based on their own benefits, so at last, this study analyzes the infect of several reform project to minority investor proposes that to protect minority investors'benefits, it should found the benefit protect mechanism, strengthen and improve securities laws and regulations, optimization the listed company's corporate governance, change the investors'idea, strengthens the supervising and managing for listed company and establish the minority investors rights mechanism in the reform plan.