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Research Company In Civil Relations

Posted on:2006-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2206360182476966Subject:Law
Abstract/Summary:PDF Full Text Request
For the profit of numerous company participants, maximizing the shareholder's interests should be regarded as the goal. Focus on the profits of shareholders, and establish suitable relations among corporation shareholders become more and more important. Relationships between shareholders and company are built on the basis of the evading-risk and profit that the company brings to the shareholders. In the multi-level relationships between shareholders and company, shareholders' administrative is very important to company. According to objects' attributes, because the company belongs to the shareholders, it's seem fare and reasonable that the shareholders administrate the company. Voting and anti-voting is an Efficient method that shareholders manage company. To the voting system, setting up suffrage-avoiding system and vote-accumulating system will be necessary, for the sake of shareholders' efficient and positive management of the company.The profit relationship between the shareholders and company is the most important relationship. Shareholder's interests and company's interests are opposite as well as united. It is the basis that shareholders obtain interests from the company and perform the duty such as providing funds to company, company should set up system that demanding shareholders provide funds and taking back the right to supervise. Shareholders can take multiform interests from company, so laws should encourage the mechanism of melon-cutting, lead investment to investment correctly and limit business management in the same trade and related transaction. To profit distribution, it is important to overcome the illegal distribution and illegal anti-distribution in order to realize the maximization of shareholders' interests.The director is the important go-between with whom that the shareholders realize the company management. The relationship between shareholders and the director is set up on the foundation of agency, and broken through the general regulation of agency. According to demands for manage company, new relationship between rights and obligations are derived. The new relationship between rights and obligations is legal determinancy and built bylaw in advance.The profit relationship among the shareholders is the basis of company. The interests among the shareholders are conflict as well as united. Between principal shareholders and minor stockholders, the focal point is overcoming the problem that principal shareholders press the minor stockholders. Set up the sincere obligation to the minor stockholder of principal shareholder and protect the benefit of the minor shareholder. Set up the principal shareholder's compensation responsibility system, as legal sanction of the principal shareholder's violating the sincere obligation. Set up shareholder withdrawing mechanism so that when the minor stockholder is pressed and unwilling to join the company, he can withdraw from the company through this mechanism. In listed companies, there is enormous profit disparity between non-negotiable stocks and circulating stocks. In the current innovation of stock rights dividing at present, compensate to the shareholders with circulating stocks with reason, in order to set up the pattern that all stock rights can circulate.
Keywords/Search Tags:Company, shareholder, shareholder's profit, civil relationship
PDF Full Text Request
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