Research On The Basic Theory Of The Rights Of Shareholders

The company is formed by the shareholders. The rights of shareholders are the company's operating base. Shareholders' rights is an important concept in company law. Combination of features of the company and the company's internal and external interest can give us a comprehensive and accurate understanding of the rights of shareholders. Rights of shareholders present at shareholders and the company, shareholders, corporate bodies, senior management, creditors, debtors. Shareholder rights on the one hand come from the law, on the one hand come from the Articles of Association, shareholders resolution. According to the "Company Law" provisions of Article 20, shareholders' rights law provisions consist only of laws formulated by the NPC and its Standing Committee and administrative regulations formulated by the state council.In addition, the board of directors will have an impact on shareholder rights. The rights of shareholders derive from the articles of association of the company, which have legal personality and it is the internal law of the company. the specific rights of shareholders have different rank relations to form a certain system. The right of return on assets is the core rights, the right to query is basic . The purpose of the discussion of shareholder rights system is to properly distinguish between the fixed right, non-solid right, to correctly evaluate the company's articles of association or resolutions to limit or deprive the rights of shareholders in the form of legitimacy. What is the nature of shareholders' rights? The theories are quite controversial. From the company formed to analysis, it is the freedom of association, ownership, right of freedom of contract and the interaction that make rights of shareholders become a kind of special independent right. The current theory of the independent right to say does not specify the essence of rights. Members of shareholders' rights is the essence of property rights. the exercise of shareholder rights as shareholders is a prerequisite. How to confirm the identity of the shareholders? According to the company's establishment, operation. Various documents produced in he company's establishment, operation have different effects in the confirmation of the identity of shareholders. Shareholders status in an extent affects shareholders specific rights,, but some rights will not be affected by that. Exercise of the rights includes management, gain. The exercise the authority by shareholders is essentially company management. The company management by shareholders have collective way and personal way. At present, the way of the exercise of the right by shareholder management in China's" company law" provisions blemish,which should be improved from the shareholders' meeting, board of directors, board of supervisors settings as well as the relationship between them. Company shareholders are also directly involved in the exercise of management ,which is an important way, but the Act emphasized the concept of separation of ownership and management, so it is a special case . transfer of shares is the most active and important way. Transfer of shares in the company should be emphasized, so as to balance the rights and obligations to reduce and prevent disputes from occurring. Dividend distribution is an important way to exercise the rights of shareholders, and it is the powers of the board of shareholders,so, the court can not sentence the company dividends.