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On The Voting Trust

Posted on:2007-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhouFull Text:PDF
GTID:2206360212956205Subject:Law
Abstract/Summary:PDF Full Text Request
The Corporation Law has many regulative deficiency in the protection of the minor shareholders in the joint-stock company that leads to the damages to the interests of these kind of persons in some degree. That's because of the dominate shareholders taking the advantage of its monopolizing voting power to take control of corporation as well as its board of directors.As known to all,the minor shareholders are the main participants to the capital market.So that the protection of its right is vital for the healthy running of the market.For the sake of the damage occurs and for the justice value fulfills,we must protect the minor shareholder's interests.Voting Trust is an efficient way.In overseas,the regulation of Voting Trust is relatively completed.Facing to the modernization and unitive trend of the corporation law in the world,we must take measures to absorb the foreign successful legislation of the corporation law and try to find the methods to protect the minor shareholders that fitting in our country. One of these practical methods is setting up Voting Trust.It helps to exert the corporation structure -treatment and keep the stability of stock construction comparatively.On the other hand,it costs low,easily practices and with quite few restriction.It's urgently necessary to build the system according to its practice.This article makes some suggestion of the legislative Voting Trust with the combination of the practice in our country,which includes:list some chapters for some common regulation of Voting Trust in Corporation Law,make clear the special principle of Voting Trust , make the special law with the detailed regulation of Voting Trust,e.g. the Enterprise Incorporation Law. And renew our Entrusting Law to make the difference of the Corporation Law in it.
Keywords/Search Tags:Voting
PDF Full Text Request
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