Studies On The Trust System Of Shareholders’ Voting Rights

As a mode of shareholders’ exercising voting rights, the Trust System of Shareholders’Voting Rights has been confirmed by law in America and parts of civil law countries, and hasfunctioned a lot in practice. The further development of theoretical study and practice callestablishment of the Trust System of Shareholders’ Voting Rights. This article intents to analysison four aspects: the summary, the necessity, the challenge to company law and legislativeproposals of the Trust System of Shareholders’ Voting Rights.Opening with the summary of he Trust System of Shareholders’ Voting Rights, the first parthas two sections. On the one hand, it introduces the voting rights as shareholders’ participation ofcorporate governance, and describe the legislation of voting law in China’s Company Law. On theother hand, it introduces the Trust System of Shareholders’ Voting Rights as the connection ofsmall shareholders and control right of company.The second part is about the analysis on necessity of the Trust System of Shareholders’Voting Rights. First, it propose that the Voting Right Agency can’t solve massive voting issues ofcompany. Second, it propose the important function of the Trust System of Shareholders’ VotingRights in making up the loopholes of the Voting Right Agency. Finnaly, by analyzing on thefunction of the Trust System of Shareholders’ Voting Rights in solving concrete problems and theapplication case of the system, it reveals that the development of the practice calls for the responseof legislation.The third part is about the analysis on the challenge of the Trust System of Shareholders’Voting Rights to the Company Law, which includes the impact on the existing system, the lack oflegal support, the problem of formal elements and the problem of rights and obligations, thedefective relief mechanism.The fourth part is about the legislative proposals. This part is to solve the problem of the thirdpart, which introduces the legislative proposals with the help of the legislative experience ofAmerica. The first is to confirm the legal status of the system. The second is to confirm the effective condition of the system. The third is to standardize the rights and obligations of the dueparty. The last is to improve the relief mechanism.