Study On The Shareholder S’right To Dividend In The Limited Liability Company

The bonus is an important manifestation of the shareholders’ assets. Property income for shareholders based on the status of the shareholders entitled. Dividend distribution belong to the scope of the autonomy of the company, decided by the board of shareholders. The shareholders, which tends to abuse shareholders’s voting rights, infringe other shareholders’right to get more dividends by controlling the board of shareholders. The law has provided several ways for relief, but these ways are indirect, and all has their limitations, can not solve the problem acturally. Limited liability company, with the feature of people combination and closure makes dividend rights infringement serious. So, many ways to better protect the shareholders’ right to dividend is needed. In United States, it give judge the right to force the company giving bonus to shareholders, then give the direct protection to shareholders, which is worth learning. This article is divided into four parts discussed:The first part is an overview of the dividend rights, introduces the concept of the right of dividend distribution, its implementation conditions, and dividend rights infringement case classification.The second part is to introduce our dividend distribution system, such as sharing ratio, the order of profits distribution, and the procedure of dividend distribution, and then to analyze the problems in the system, which leads to the infringement.The third part is to analyse the remedy system, and its shortcomings, then found that remedies are indirect, and can’t achieve the purpose to give shareholders protection.The four part presents some ideas to better protect shareholders’ right to get bonus, include information disclosure, contract agreements, shareholders rights abuse liability, and compulsory bonus distribution.