Discussion On The Function Of The Corporate Charter’s Shareholder Right

Because business environment is ever-changing, different regions of the country havetheir own separate interests, and all shareholders also have different interest needs, the ideathat we can provide adequate protection to the rights of shareholders if we expect toformulate comprehensive company law is unrealistic. When the company law can not meetthe shareholders’ interests, the shareholders may reach a private shareholders’ agreement toevade the law applicable to them. I think the force of company law is nominal, not as goodas to strengthen the corporate charter of shareholder right’s protection functions.Throughout the full text, Shareholder’s autonomy is my article’s thought main line, myarticle structure’s main logic thread is from the company charter’s rational function to thecompany charter’s factual function, my article’s purpose is to explore company charter ofequity protection’s function from the relationship between the shareholders’ angle incompany which the ownership and Operating rights did not completely separate. I thinkthat in the company which "ownership" and "management rights" is not completelyseparated, the corporate charter is the right guarantee between the shareholders. CompanyLaw should allow shareholders to allocate of shareholders rights and choose theshareholders’ right to relief by themselves according to the distribution of the company’sownership structure, their own interests in the corporate charter. But company law shouldnot enforce the legal rights and the relief system to shareholders. When the corporatecharter is insufficient, the company law should fill the corporate charters gap. By the sametime, in order to guide the shareholders reach a rational rights arrangement in the corporatecharter. Company law should provide more public products to shareholders in theirproperty’s rights, their management’s right, their right relief. Only when the shareholderviolate to the principle of good faith, exercise their right to damage other shareholders orthe company’s the interests, company law play its compulsory function.