The Perfecting Of Dividend Rights Protection Of Limited Company

Dividend right is one of the most important rights of the shareholders , it is the driving force of the company's shareholders behind the establishment of funding the company. Nevertheless because of corporate governance structure----the principle of majority voting capital of alienation in practice, coupled with the absence of legal protection measures, resulting in China Ltd.dividends to shareholders the right to the general insecurity in the state,to address this problem and protect the rights of minority shareholders , I try to perfect the existing right of shareholders to protection system based on the dividends to establish a mandatory dividend claim system, shareholder dividends Limited authorized to take measures to protect the system.The first chapter described the exercise of our right to shareholder dividends and the current legal system, the status of shareholders' dividends to protection problems, the capital Majority Rule in practice, has become a major shareholder of the press tool for minority shareholders, while the Companies Act provides several protection measures can not play a role in protecting the right of shareholders either, compulsory dissolution of the company's system is prohibited as a result of costly remedies of the right to dividends, share buy-back system for dissenters can not be used due to harsh conditions, therefore, an urgent need to establish a new shareholder dividend rights protection.The second chapter in order to establish a mandatory dividend claim litigation system as the center, analysis and comparison of the Two Schools of national legislation to protect the right of the shareholders dividends cases, described the establishment of a mandatory dividend litigation theoretical basis and practical basis,dividends through the mandatory conditions for the exercise of the proceedings, the establishment of the subject of proceedings, the burden of proof of sharing actions necessary to limit discussion of the contents of measures established relatively complete legal system of mandatory dividends.Papers Chapter three deals with the protection of the right of the shareholders dividends of supporting the improvement of the system, including the right to know the protection of shareholders, dividends to shareholders does not limit the resolution, malicious shareholders object to punitive damages liability and shareholder equity buy-back system, improve the four areas content.Claims through the establishment of a mandatory dividends and shareholder's right to know and other related supporting systems improvements, build a system of protection Co., Ltd. the right of the shareholders dividend system.