Realization Of The Inquiry Right Of Minority Shareholders

Based on the modern enterprise management system, As the enterprise administratorhave complete information about the value of existing assets of the enterprise and theoutside investors can only rely on the prospectus to get the disclosing information, whichwill inevitably lead to the low status of minority shareholders detrimental to theirparticipation in the species of the company’s operating management,also is notconducive to small and medium shareholders to make the right decisions and to supervisethe company’s business development. The shareholder’s inquiry right has main effect tocovering the shortage of information for small and medium shareholder.It means theinquiry right is the foundation that the shareholder obtains every right. The currentCompany Law of China has defined the inquiry right, but the provisions are too simpleand humble. As the regulation lacks practical function, there are still some problems leftsto be solved. Therefore, strengthening the theoretical research of inquiry right, andperfecting inquiry right system in our country has great significance on guarantee rightsfor shareholders, especially minority shareholders.This essay is divided into three parts. The first part mainly states the basic theoryand knowledge of inquiry right, including conception, legal principle and the property ofinquiry right. Make clear of this basic theories will help to improve the understanding ofthe following sections. At the same time, the author in the first part also introduces theconcept of minority shareholders, and the significance and basis of inquiry right for them.It is very actual value to carry out the research of inquiry right. Similarly, the authorinterprets entirety in the angle of minority shareholders. The second part consider how toimplement inquiry right, specifically elaborated that who enjoys the inquiry right andwho is responsible for answering the inquiry questions, also includes the inquiry of thescope and time, place, and the way of implement. The third part mainly explain the reliefmeasures of inquiry. Relief has an irreplaceable role in the realization of the inquiry right.There are two relief measures have been given in this essay: private relief and publicrelief, this essay focus on the way of public relief, the public relief means theshareholder’s lawsuit, including the lawsuit of revocation defective resolution, damagecompensation lawsuit and compulsory consultation lawsuit.