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On The Voting Trust To Protect The Rights And Interests Of Minority Shareholders In China

Posted on:2007-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the last few years, protecting the legal right and interests of minority shareholder has been an issue in the academic circles. The exercise of voting right is of great important to shareholders' right. As their legal rights have been severely deprived, the confidence and enthusiasm in investment of minority shareholders have been seriously infringed. As a result, the business in the stock market has been declined and share prices descended. To change this situation, most countries take various measures to reestablish investors' confidence and enthusiasm. Voting trust is one of the effective methods. However, in our country, legal research in such area is not so much as expected, the law of corporation and the trust law have not such regulation. This article theoretically introduces the protection function of voting trust to the minority shareholder, infers that our country has already initially met the requirement to implement voting trust and proposes several legislation suggestions on voting trust.This article divides into five parts.In the first part, the paper firstly states the necessity and the importance of such protection . Next it analyses the main reasons of why these minority shareholders injured. Finally, it explains the legal basis of the protection of minority shareholders' rights and interest.The second part introduces the elementary theory of voting trust, expounding origin, the meaning, the characteristic, the essence of voting trust and so on. The system of "voting trust", as one of the main means to control corporation, originates from American corporation law and is widely used in America. Voting trust is set up by two or more shareholders. For a fixed period, they irrevocably transfer the legal title to their stock to one or more voting...
Keywords/Search Tags:Voting right of shareholder, protection to the legal right and interests of minority shareholder, Voting trust
PDF Full Text Request
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