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Restrictions On Shareholder Voting Rights

Posted on:2007-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:S M WangFull Text:PDF
GTID:2206360185471997Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
During the course of running of the modern company ,the shareholder seldom take part in the management and administration of the company as investors, but they can exercise the voting right in the Annual General Meeting to indicate their opinions about the company great items, thus perform the right of mastering one's own affairs. So the shareholder's voting right is the most important right in the shareholder's right systems, it can't be limited and deprived unless we utilize law to limit the voting right of the particular share or particular shareholder .But the resolution of the company should represent the will of all shareholder or majority shareholders, if when the control shareholder abuse the voting right or the enforment of the voting right will violate fair justice, we should limit and get rid of their voting right of the minority stock holder. According to legislative example of many country's company law, when they stiputed the principle of one share one vote, mostly pointed out some exceptional situation. Their main manifestation was to exactly and get rid of the shareholder's voting right in order to realize the balance of interests among shareholders.However according to the practices of corporation law, it is extremely serious that the holding -shareholder violate the interests of minority-shareholder through their shock superity .At the same time, the regulations of shareholder's voting right are not sufficient as for the exceptional situation of the shareholder's voting right is more incomplete. Seeing that above mentioned of the situations,The author tries to explain the limitation of the shareholder's voting right from several major aspects, who hope that the paper can awaken the limitation of the shareholder's voting right and helpful for improving its regulations.The paper comprise of four sections:The first section deals with the general theory of shareholder's voting right. The author expounds the general characteristics of shareholder's voting right in detail, analyzing its concept, nature, the fundament principle of shareholder's exercised voting rights. In this way the author hope to have a basic understanding to the...
Keywords/Search Tags:the shareholder's voting right, one share one vote, the capital most decidition, the limitation about the shareholder's voting right
PDF Full Text Request
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