Research Of The Protection Of Minority Shareholders’Rights And Interests

The modern company is not only a combination of multi-property rights but also an organic unity of the multi-property rights. The major goal of the modern company law is to balance the benefits of various stakeholders and enable companies to have a healthy development. In the capital environment of internationalization and globalization, the protection of the rights of the company’s minority shareholders has become a global issue. The phenomena that the large shareholders infringe the right of minority shareholders can be found everywhere. The Company Law of our country has developed the rules and regulations to restrain the occurrence of the phenomena. These rules and regulations are not only a major breakthrough for China’s legislation, but also a strong protection for minority shareholders’ rights. However, these provisions are still inadequate, which need for the further improvement in legislation.This paper discusses the theoretical basis of the protection of minority shareholders and summarizes its practical significance. The current situation of the infringement on the minority shareholders’ rights and the relevant provisions on this issue in the current Company Law are also summarized in this paper. Finally, the suggestions to improve these provisions are also proposed.This paper could be divided into four parts.Chapter1:Overview of the protection of the minority shareholders. First of all, the relevant concepts are defined, including the classification of large shareholders, small shareholders and shareholder rights. Then the theoretical basis of the protection of minority shareholders is demonstrated.Chapter2:The current situation of the infringement on the minority shareholders’ rights and the practical significance of the protection of the minority shareholders. Several key performances of the infringement on the minority shareholders’rights in real life are listed in this chapter. The practical significance of the protection of the minority shareholders is analyzed. Chapter3:The relevant provisions on the protection of the minority shareholders in the current Company Law. Several important systems on this issue in the current Company Law and the rights of shareholders are summarized in this chapter, including cumulative voting system, shareholders exiting system, the representative of the shareholders suiting system, corporate resolution being invalid and revocation system, the claim of the shareholders to convene provisional shareholders meeting and shareholders’right to know.Chapter4:The improvement and perfection of the provisions about the protection of the minority shareholders in Company Law. To protect the rights and interests of the minority shareholders, some legislative proposals about the ambiguities and gaps in Company Law about the protection of the minority shareholders are proposed.