Research On The Shareholder Proposal Right

According to China’s company law, shareholder proposal right， shareholder proposal isthe inherent rights of shareholders. The shareholders participate in the company managementby means of making proposal the general meeting, offer advice and suggestions. Theshareholder proposal system achieve a balance of power on the board of directors, give fullplay to the role of the general meeting of shareholders in corporate governance structure.Minority shareholders through proposals effectively safeguard their legitimate rights andinterests. Shareholder proposal system is the important part of the system of shareholdersconference. However, the provisions of the shareholder proposal in the law is relativelysimple, vague. some specific problems in the company’s practice need to be furtherstandardized, solution. This article of shareholder proposal system analysis legal value,explore the legislative purpose of shareholder proposal system. some specific problems on theshareholder proposal seek to be addressed, improve the shareholder proposal system, betterplay the proper value system.This paper consists of five chapters. The first chapter is the shareholder proposal systemoverview, relevant laws and regulations of the shareholder proposal system, shareholderproposal on the legal value of shareholder proposal right. The law set the right of theshareholder proposal in order to achieve a wide range of value. The shareholder proposal is aninherent right of shareholders. the minority shareholders may provide insights. It can protectthe legitimate rights and interests of the minority shareholder. shareholders participate in theproposal open up ideas for the company management, and better development for thecompany offer advice and suggestions, at the same time general meeting of shareholders inthe shareholder proposal better play in the modern corporate governance structure.The second chapter on the subject qualification of the shareholder proposal is discussed.Application of contrast method to have the right proposal to shareholders, holding theabsolute number, holding time analysis. Considering the proposal, to shareholders is in ninetydays to continue holding the company has issued more than1%of the total voting shares of the shareholders or within ninety days of continuous stake in the company of more than thirtythousand shares voting shares of the shareholders.The third chapter analyzes the problems of shareholder proposal range. With the theory ofcorporate social responsibility is ceaseless and thorough, shareholder proposal should beexpanded to some social issues in the field, it is also the inevitable trend of socialdevelopment. At the same time it is necessary to set up the Board of Directors of shareholderproposal review procedures, is the main form and whether the violation of law review.Improve the comprehensive efficiency of the general meeting of shareholders.The fourth chapter of the temporary shareholder proposal to the general meeting ofshareholders for deliberation procedure is discussed. The temporary shareholder proposal canbe divided into Additional Proposals, Alternative Proposal, Amendment Proposal. Differenttypes of shareholder proposal in different ways enter the general meeting of shareholders fordeliberation procedure.The fifth chapter analyzes the problem of the shareholder proposal right abuse. Analysis theway of the shareholders abuse the right in practice. For this kind of problem should play thepropaganda of public opinion and the correct guidance role for the interests of shareholders,shareholder proposal be considered in the long term. The minority investors discern the truepurpose of market behavior and motivation, objective analysis shareholder proposal realpurpose, protect their own interests.In this paper, analysis and research on some specific problems of the shareholder proposalin company practice, put forward the corresponding solutions, and improve our shareholderproposal system.