Construction Of Voting Trust Legal

Voting trust is the company’s shareholders to get control of the company or achieve somelegitimate purpose and the trustee (usually Trust Investment Company) signed a writtencontract of trust, the transfer of shares to the trustee, the trustee concentrated exercise thevoting shares, set for a certain period of time the voting trust contract, and generally cannot bewithdrawn. The trustee issue voting trust certificate to the client, as the beneficiary certificate,the certificate can be transferred freely. Voting trust system originated in the American, is theapplication of the trust system in the company domain, to create a broad space to play thefunction of voting right. Based on the voting trust is introduced to explore its reference inchina.The first chapter mainly makes a general exposition of the voting trust, first discusses theconcept, the theory of voting trust from different scholars. Secondly, the voting trustdevelopment in America history as well as the continental law countries for reference andtransplantation, finally, the voting trust and related system such as voting proxy etc. to makethe comparative analysis, the unique value of voting trustThe second chapter mainly analyzes the legal relationship of voting trust, including thesubject, the object of legal relationship of the voting trust, legal relationship of the voting trust,including the main parties trustor, trustee and beneficiary, the object of Voting Trust sharesright and voting rights, the equity that support. At the end of the voting trust, the rights andobligations of the parties.The third chapter mainly discusses the voting trust in our country and functionallimitations, to serve as a voting trust legislation in China reference. Voting right can protectthe interests of small shareholders in the absence of host, state-owned shares and promotecompanies to play a positive role, but there are also easily lead to monopolization, solegislation to consider, at the same time, from the market and legal environment aspect, ourcountry in introducing the system of voting trust also have a lot of positive factors.The fourth chapter mainly discusses the voting trust system construction in China, mainly to the structure from the point of view of the two macro and micro. Speaking toperfect the company law and trust law and anti-monopoly law system on macroscopic,microcosmic is we perfect the law the voting trust elements, such as voting right trustestablishment procedures, voting elements etc.