Restriction And Exertion Of Shareholder’s Right To Information In Limited Company

The separation of the ownership and management appears in the modern company, shareholders are not participating in the company’s management and decision, in this case, it’s a important problem that how to guarantee the shareholders, especially the shareholders of limited company to know the real and effective informations of company. Some ensuring articles to guarantee the right to information of shareholders of the Limited company in the revised Company Law, but defects and leaks are still there. In this condition, the right to information is difficult to come true, as well, the need of economic development is hard to achieve. Through the exploration of current company practice and foreign advanced legislative experience, in this thesis, feasible Suggestions to perfect the system of shareholders’ right to information will be presented. There are five chapters in this thesis.First of all, the definition of right to shareholders’ and it’s theoretical base are stated. In the current theory circle, there’s no clear definition of right to information. Based on the opinions of domestic and foreign scholars, in this thesis, it means a kind of right that can master the company business financial status accurately which endowed by law.Then, in the next three chapters, the subject, the scope and the reasonable restrictions of the right to information are discussed. In the chapter of subject, special shareholders’ right to information are mainly discussed, though, these kind of shareholders in practice only hold a low proportion. However, it also the focus point cause disputes, through the discussion, we can define the right exercise subject. In the chapter followed, the scope and reasonable restrictions are simple illustrated. Then the insufficiency of legislation is keynote. The disadvantage of scope is mainly concentrate on the scope of the questions, the inquiry right and the deficiency of judicial remedy. And for the reasonable restrictions, the problem is no reasonable explanation for not explicitly provided of time, space and rational purpose. At the final place of ever chapter some improvement suggestions are mentioned.The last chapter is the discussion of judicial remedy. No remedy makes no right, including the right to information of the shareholders in limited company. At present, there are leaks in the legislation in the judicial remedy. Such as the definition of litigant, the burden of proof and the limitation of action. Some suggestions are put forward in the thesis, in order to perfect the system of judicial remedy of shareholder’s right to information.