On Exercise Of The Voting Rights Of Shareholders

As the company expands and the stock is dispersed day by day, the management power separates from the capital ownership. The owners of corporate capital generally are no longer administrators. Due to his identity, the shareholder enjoys a lot of rights, which should be realized through the shareholder's voting right The exercise of the shareholder's voting right is very important to protect the shareholder's rights. However, according to the practices of Corporation Law, it is not optimistic about the situation of shareholders' exercised voting rights, for the mass of shareholders are not willing to exercise the voting right Meanwhile the regulations of shareholder's voting right are not sufficient Seeing that above-mentioned situations, the author tries to explain the exercise of shareholder's voting right from several major aspects, who hopes that the paper could awaken shareholders to exercise the voting right and be helpful for improving its regulations.With 33,000 odd words, the paper makes a systematic survey on the issues, which comprises of three sections.The first section deals with the general theory of shareholders' voting right The author expounds the general characteristics of shareholders' exercised voting right in detail, analyzing its concept, nature, mode of exercise, precondition of exercise.Part two studies on the fundamental principles of shareholders' exercised voting rights and their exceptions. At the beginning of this part, the author touches upon the meaning of a principle " one share one vote" and its exceptions, such as multi-voting shares, non-voting shares, the limitation about big shareholders' voting right, the voting right of the company's own shares, etc. Then the author concretely analyses the jurisprudential base of the fundamental principles.The third section is about the improvement of shareholders' exercised voting right in our country. At first the author introduces the present situation of shareholders' exercised voting right in our country. Making successful foreign and Taiwan's legislation for reference, then the author probes into the improvement of the proxy solicitation and cumulative voting in our country. The author thinks that corporation legislation of China should gradually improve the exercising scheme of shareholders' voting right, changes passive shareholders into active ones, and makes joint stock limited companies develop smoothly.