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Limited Liability Company Shareholders The Right To Know Research

Posted on:2013-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X X LuFull Text:PDF
GTID:2216330374958487Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy, the modern corporate system to become the major form of micro-operation of each country's economy, the company is a carrier of the multiple benefits of multi-body, between the company and its shareholders, the shareholders and the shareholders, company interior exists between different economic interests and other interests.Shareholders as the promoters and investors, but also the interests of those who enjoy the final, play a pivotal role in the company running. Shareholders' rights as an investor to achieve the interests of legal expression.Shareholders'right to know of the limited liability company is a shareholder basis and prerequisite for the exercise of other rights. The shareholders' effective exercise, depending on whether the shareholders' right to know the effective exercise. In recent years, the shareholders' right to information disputes are emerging.Infringe on shareholders'right to know the behavior whether limited liability company or a joint stock limited company have occurred, had become influence normal, regulate the operation of a big obstacle. Our company law of limited companies, especially the listed companies' shareholders the right to know,right of inquire, inquiry right information disclosure system are defined. But the limited liability of the shareholders the right to know the provision is not perfect, a lot of problems in practical disputes.The current" company law" than the old" company law" in the shareholder's right to know have been greatly improved, but whether it is a legal concept, the design of the system itself, or specific to the application of law are pending in-depth study and exploration.This article from the concept of the shareholder's right to know, introduced four parts that are included in the shareholders'right to information system, access to the right to question,Right of inquire,the right to check candidates for any claims and information disclosure system, and through the western of the Anglo-American law system and continental law system countries on the limited liability company shareholder right to know the status of legislation comparison, find out our country legislation of shareholder's right to know on the deficiency of regulations,the analysis of our shareholders the right to know in the judicial practice problems.Finally, based on the experience of mature legislation in Western countries, and China's actual conditions, the proposed recommendations to improve the legislation, Refinement of the generality of law rules and suggestions,hope in favor of a limited liability company shareholders'right to information system development.Only the law to protect the limited liability company shareholder's right to know, that the shareholders of the company operating the situation in an objective, comprehensive, accurate and true understanding, in order to achieve a win-win situation between the shareholders and the company. Therefore, studies the shareholder right to know the relevant theory, draw lessons from the foreign legislative experience, looking for suitable for our shareholders'right relief measures and reasonable limit, to perfect our company law system and economy of stimulative our country lasts efficient operation is very necessary.
Keywords/Search Tags:Shareholder's right to know, The original certificate, Legitimate purposes, Articles of association
PDF Full Text Request
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