Collecting Eligible To Qualify On The Opposition Attorney For Shareholders

The proxy solicitation has become the key of shareholder meeting in ModernCorporation, especially in the governance of public corporation. Trust-deed collectingsystem is mature abroad but is new in China. In this paper, the author tries to analyze thedevelopment of the proxy solicitation system in different countries and regions. Bycomparing different rules about this system, to get a clear guidance for China'sconcerning legislation is this paper's purpose. China needs not only to introduce theproxy solicitation system from the abroad, but also to integrate with domesticcharacteristics. Through the comparison, we could find different rules in differentcountries have different roots or environments to grow. According to the similaritybetween China main land and Taiwan region, herein, the author recommends use Taiwanregion's law to be our reference. Because the proxy solicitation has a significantinfluence on the shareholder meeting and the whole business of the corporation, in thispaper, the author advises to restrict the opposing shareholder's qualification when he iscollecting the trust-deed from other shareholders. Without such restricting, theshareholder meeting may lead the corporation into a maze which will harm the mostshareholders' interest. In his proposal, the author suggests four principles and somespecific measures which could be found in the following context. Other more, the authorcreates a new definition of the third-party trust-deed collecting organ to solve the conflictbetween the restriction to the qualification of shareholders and the protection to the profitof minority shareholders.