Research On The Action Of Mandatory Distribution Of Dividends Of System Construction

As members of the company’s shareholders, its essential feature is the wish to invest in the company’s capital can maximize the benefits in the form of recovery, and the company as a for-profit entity, but also to earn maximum profits for the company’s goal, therefore, that Double-profit company and the shareholders of the company determines the importance of profit distribution to shareholders. However, in our corporate practice, when a controlling shareholder abuse, "Majority Voting" principle, long-term no dividends, the dividend distribution to shareholders claim must have been violated, for such violations, provided by our current company law can not remedy to meet the needs of shareholders. When the prosecution to the court to require the company to the shareholders dividend, the court generally requires evidence of the shareholders general meeting of shareholders the company has earnings and dividend have been made to the resolution, if, the court will be whether the distribution of profits to the company, is based on Autonomy to determine the company’s business, the court has no right to interfere in the company’s dividend distribution made by the ground, dismissed the demands of shareholders, the cost to exit the company than the above, the dissolution of companies significantly lower, particularly important for those who do not Limited shareholders would like to leave an opportunity to seek equitable relief. Therefore, it is necessary to bring the law enforcement provisions of the shareholders the right to distribution of dividends of the complaint.This mandatory distribution of dividends to the basic theory of the complaint system, research and specific system configuration for the two main building, the basic legal principles in the analysis, based on the fully learn English and American law and civil law legislation and legal practice experience, combined with our limited Dividend liability company status, discusses the construction in the level of the Company Law of the appeal system for distribution of dividends to force the need for and the specific Institution. Paper is divided into introduction, body and conclusion, in which the body consists of four parts.Innovation of this paper is mainly reflected in:First, the angle of the innovative topic of this article. Action of mandatory distribution of dividends as a return on shareholder rights to protect their investment in litigation, especially in the limited liability company is particularly urgent. The major areas of previous scholars mandatory distribution of dividends by shareholders of direct action on the complaint system to be discussed, this claim is mainly from the perspective of the appeal system mandatory distribution of dividends, not just limited to the Company Law litigation system, into the company by proceedings in the claim, making the system as a separate claim with the litigation system, and draw on the need to establish the system of company law in the conclusion, but this perspective of comparative law in the case of a series of systematic studies carried out by comparing the form of tables on the case in reality there is a sample survey, which in many cases to analyze the distribution of shareholders of the dividend on the common phenomenon is suppressed, while the current law fails to provide an effective remedy, need to level the legal system, company law for shareholders to provide new ways to effective relief.Inadequacies of this article is:mandatory appeal system for distribution of dividends of shareholders equity in the maintenance of course and embodies the essence of justice on the dividend distribution has an important role. But it must be recognized that the mandatory distribution of dividends Court of Appeal there is also abuse of judicial discretion to interfere in the risk of corporate autonomy, the shareholders risk of abuse complaints, and certain litigation costs. Thus, judicial discretion and how to find a balance between corporate autonomy is the author needs to study and research after further thought.