Shareholders Voting Rights Proxy Solicitation Of Legal Regulation

This paper studies the legal regulation of proxy solicitation of shareholders, this study share a high degree of dispersion of the modern quasi-public ownership and management company based separation. Existing shareholders and their agents the right to vote is the context: there is the internal structure of the two groups compete for control of groups–one is the competition on the company's control between the corporate ownership and the management, the other is the competition between the shareholders , attempt to be the controlling shareholders. Shareholder voting rights proxy solicitation case-based, making shareholders the right to vote the agency problem becomes very delicate, especially in how to protect the reasonable exercise of shareholder voting rights, to achieve a reasonable constraint for the company there is the sense of complexity. So, how to regulate voting rights proxy solicitation firm to become a very important issue in the legal system, which aims to explore the right to vote, ultimately used properly to maintain control of the company to promote healthy circulation to maintain the company's reasonable governance structure. Through its agents the right to vote for the shareholders and functions based on knowledge of the system, from the proxy solicitation avoid the negative effects of corporate governance, in particular, to avoid the voting behavior of becoming an agent of tools for their own benefit, combining the success of national legislation, and practice experience, analysis of how voting rights proxy solicitation from the system for a framework to regulate and focus, in particular, to ensure the collection agency used to be able to reflect the true meaning of the shareholders to protect the interests of its shareholders; the same time, combined with our legislation on shareholder voting rights and the market situation Proxy solicitation of voluntary practice, analysis of the voting rights of shareholders and the proxy system, the inadequacies of the reality of proxy solicitation urgency legislation, the relevant regulations of the system design concept, put forward legislative proposals to improve the legislation of the future.