The Study Of Control Over Shareholders Of Its Nomination Of Directors

Relationship of the shareholders and directors is an important part of corporationcontrol, and division of both the rights and obligations have always been animportant aspect of core objectives---supervision and encouragement of corporatecontrol. This paper attempts to establish three-dimensional and two-way relationshipbetween the company and the shareholders, directors, and in order to achievecorporate control objectives.This paper is divided into four parts for shareholdernomination of directors right of control to conduct analysis and research. The first partof the paper says the theoretical basis of the general relationship between shareholdersand directors.The second part of the paper says the shareholders right of control toanalyze the legitimacy of the directors.First,introduce the status quo of the control ofthe shareholder to nomination of directors, ask questions. And then,is the overallanalysis of relationship of corporate control and control of the shareholder to directors,determine to deal with directors control shareholders, come to the conclusion thatshareholders are entitled to control the directors. Under the premise that shareholdersshould have the right to control the directors, according to the theory of control of thecompany to analyze the rationality of shareholder nominated directors to control theresponse to the reality of the Managerial Revolution.Means of financing decide thecompany’s ownership structure, a different ownership structure would affect therelationship of corporate control, the relationshiops of shareholders and directorsshould be adjusted accordingly, For the changes in the characteristics of the means offinancing, analysis legitimacy of shareholder control of nomination of directors inmeans of financing of today’s.Finally arrive at the conclusion of the control rights ofshareholder nomination of directors have the legitimacy. Third part of the paper in theattempt to have the legitimacy of directors control analysis of shareholder under thepremise of inadequate control of the situation for shareholders of its nomination ofdirectors to propose a solution, and proposed two options for the legal analysis, and todetermine the author in favor of the through the internal corporate control mechanisms to coordinate the relations of shareholders and its nomination of directors.In order to prevent the excessive control of the shareholders of its nominated directors,Part four attempts to interfere unduly with the shareholder nominated directors controlset boundaries, thereby protecting the nomnee directors to the lawful discharge oftheir duties to avoid its nominated shareholders.