Research On Legal Problems Of Minor Shareholders

In recent year, with the development of capital market, the listed company that appears in many" baby shareholders", this phenomenon aroused the community’s controversy and doubt. For instance, Much hubbub of the Bank of Beijing "baby shareholders" event, people through the list of shareholders information that is less than one year old shareholders, questioned the minor shareholders is the guardian of the marionette, and suspected child shareholders’rationality; Others say that the legislation did nor make shareholders age restrictions, thus supporting the child shareholders exist. As a result of our country to the minor shareholders phenomenon as the lack of clear legal regulations, cause the company set up practice in confusion, but also led to the trial practice court be quite different. Therefore, it is extremely necessary to minor shareholders of in-depth research, establish and perfect our country’s system of minor shareholders, in order to improve the practice of our judicial practice and the current situation of chaos.This paper is to make discussion about minor shareholders’legal problems, and it is divided into four parts. The first part, the meaning of minors, shareholders, shareholders’qualification’s meaning will be defined, and to illustrate the present situation of the minor shareholders in our country and existent controversy. The second part, to study the theory which is associated with minor shareholder qualifications, clear minors obtain shareholder qualification exist theory foundation. The third part, to elaborate confirm the minor shareholder qualification in facing the risks and barriers, including the problems company setup process and after the establishment faced, the problem of minors obtain the shareholder qualification path, the challenges on stock market information disclosure as well as the risk guardian abuse custodial right, aimed at the presence of specific problems, put forward feasible and targeted measures, the. The fourth part of China’s minor shareholders the construction and consummation of the system, puts forward feasible measures and schemes, so that justice and establishment of practice have rules to follow.A minor shareholder qualification of company law has no barriers related to minor shareholders, the so-called "problem", or due to the concept of misunderstanding, or because the basic system, rules in the presence of defects caused by. If some values clarification is necessary, so the establishment of related system and perfect appear more pressing. Because relevant system not perfect is the minor shareholders of the company as the fundamental cause controversy. The author through drawing lessons from foreign advanced legislation and the experience, to build and perfect our country’s minor shareholders system, established the minor shareholders, in order to really protect the minor shareholders’ rights and interests.