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On The Articles Of Incorporation For The Protection Of The Rights Of Shareholders

Posted on:2005-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:X HeFull Text:PDF
GTID:2206360122986042Subject:Law
Abstract/Summary:PDF Full Text Request
Shareholder's right is primarily a property including a right of managing corporation's affairs, which is possessed by shareholder according to his or her investment in corporation. If we neglect to protect the right, the behalf of shareholder will be lost. As a result, the investment enthusiasm of public will be seriously lowed. Generally believe that the protection of shareholder's right comes from the law. But they never notice that the article of corporation which is considered a self-governing?regulation plays an important role in protecting shareholder's right. However, law has its limitation. Law is so rigid that it can not keep pace with current society which developed rapidly. The stability means that law can not be modified frequently. Meanwhile, society developed very rapidly, especially like corporation, which develop with the advance of economy. The more economy advanced, the more corporation developed. The contradiction between law's stability and rapidity of development of society become more and more serious. In addition, the internal defect of legislation technology of our current company law also needs article of corporation to perfect it. In total 230 terms of company law, only 15 terms stipulate the shareholder's right. According to it, we can see that using company law to protect shareholder's right is imperfect. The article of corporation is a self-governing?regulation and basic internal law of a corporation. The articles of corporation affect the behavior of corporation, shareholders, directors, managers and other people who belong to management. So the articles of corporation can protect shareholder's right more perfectly. As a self-governed source of shareholder's right, the articles of corporation can stipulate shareholder's right. As a self-governed rule, the articles of corporation can perfect the using procedure and manner of law stipulated shareholder's right in order to protect shareholder's right more perfectly.
Keywords/Search Tags:articles of corporation, shareholder's right, self-governed rule
PDF Full Text Request
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