On The Communication Voting System Of Shareholder Meeting

Shareholders’ voting rights is one of the most basic problems in the Companies Law, just as Easterbrook and Fischer said,"If limited liability is the most obvious characteristics in Companies Law, the voting rights is the second feature. As a core right for shareholders, protecting the voting right is not only importance in state legislation, but also considered to be the key for corporate governance. Whether the value of voting rights can be achieved, decided by the measures and the procedures of the right to exercise. With the development of modern Co., Ltd, the shortcoming of traditional way of voting become more and more serious in the practice, especially for the small shareholders who take part in the meeting of shareholders by themselves, the cost is expensive, so the communication voting attract more and more shareholders. The thesis is basic on practices and learns from the law of communication voting in other countries, then proposing some views and suggestions on the construction of the communication voting system of the shareholders meeting.Shareholder meeting communication voting system has its necessity and feasibility in our country. The listed company of our country has long communication vote practice, but in company law are not about communication voting rules, only the China Securities Regulatory Commission issued the relevant normative documents, which to our shareholders meeting communication vote system requirements. In our country on the basis of the actual situation, learn from foreign legislative experience and practice, be helpful for our country shareholder communication vote system establishment and the consummation.In our country, the general meeting of shareholders voting communication system, to exercise their voting rights as shareholders communication vote one way of writing in the legislation of company law, it is a common practice in all countries. Company law should vote on communication content makes a provision, first must be clear about the vote by correspondence, with reference to the legislation in different countries, China’s communication voting form should include electronic style and writing. Among them, electronic voting and can be divided into network voting and email form. In communication vote scope made the understanding of broad sense, applied communication voting company should include all of the shares of the company, the controlling shareholders can also be used for any type of shareholder communication vote, and congress also can use communication voting. In the company of communication vote made principle provision at the same time, formulating detailed rules for the implementation of communication voting. Provides communication vote should be considered in practical operation in content, for example, on the temporary motion processing. The combination of the two, for our shareholders meeting communication voting system puts forward a basic framework.