On The Small Shareholders Of Listed Companies The Exercise Of The Voting Rights And Protection

Shareholder's voting right, also named shareholder's resolution right, is the rightof a shareholder to participate in the shareholder's meeting or shareholder's assemblyand vote for the bill of the shareholder's meeting or shareholder's assembly. In themanagement of the corporation, shareholder's voting rights is very important toshareholders of the corporation, and it directly determines the status of shareholders inthe corporations. Therefore, shareholder's voting rights has a very important role inthe Company Law.As to the practices of listed companies of our country, the situation of minorityshareholders executing their voting rights is not very well. The minority shareholdersare passive to execute their voting rights because of the supreme shares of controllingshareholders. And the controlling shareholders or major shareholders always use thevoting principal of "Capital Majority Decision" to legally infringe the legal rights ofminority shareholders. The reason of this fact is the incompleteness of the protectionsystem of minority shareholder's voting right. So the author wrote this dissertation inthe title of The Execution and Protection of Voting Right of Minority Shareholders ofour Country's Listed Companies. The author hopes to make a systematic andall-around research on the voting system of minority shareholders of our country'slisted companies after relevant discussion.The first part of this dissertation begins with the general theory of executing theshareholder's voting right;analyzes the principles of executing the shareholder'svoting right, and then points out that the controlling shareholders always abuse theprinciple of "Capital Majority Decision" to infringe the legal rights of companies andminority shareholders. So it is necessary to build a set of systems to prevent andrectify the abusing of the principle of "Capital Majority Decision" and protect thelegal rights of minority shareholders.The second part draws a picture of the realistic situation of the minorityshareholders of listed companies executing the voting right and search for the reasons.Then this dissertation points out that it is necessary to establish a remedy system forthe voting right of the minority shareholders of listed companies.In the third part, basing on the situation of our country and referring to thelegislations of other countries, the author proposes some suggestion to the frame ofthe systems of protecting the voting right of minority shareholders of our country'slisted companies. Specific measures may include: necessary confines to the votingright of major shareholders, establishing the excluding voting system, spreading andimproving the cumulative voting system and classified-shareholder voting system,improving proxy solicitation system, establishing voting trust system etc.