On The Shareholder’s Inspection Right Of Limited Liability Corporations

The shareholder’s inspection rights is a foundational right,it has very important effect toprotect the shareholders’other rights. The development of the idea of modern corporategovernance makes the ownership separated from the management right of the operation.Shareholders as the owners of the company can not participate in the companymanagement,but the company’s management holding a lot of important information ofcompany,they determine the development direction of of getting information damage theinterests of shareholders. For this reason,some of the world countries and regions stipulate theshareholders’ inspection rights system in the company law,and complete it in the process ofthe practice. Our <company law> which revised at2005stipulate the shareholders’ inspectionrights in the article34,but this article is so principle and general that lack of operability,then itwill be so hard to realize the purpose of legislation of protection of the right of companyshareholders.This paper analyze and discuss a typical case concerning the dispute of shareholders’inspection rights,and the disputed questions in this case has carried on the deep analysis,thenput forwards the advice that introduce the the right to appoint inspector.Firstly, this paper introduces the details of a case about the dispute of shareholders’inspection rights,and put forward the focus of dispute in this case,they are: how to deal with alawsuit which violate the pre-procedure,the dispute of the definition of the proper purpose andthe distribute of the burden of proof,the shareholders whether or not have the right to inspectthe accounting voucher and the shareholders can or not copy the information requested toinspect.Secondly,this paper analyses the focus of dispute in this case. The second part analyzethe dispute that how to deal with the question that a lawsuit violate the pre-procedure,anddraw a conclusion;the third part is about the analysis of the definition of the proper purposeand the distribute of the burden of proof and come to a conclusion;the forth part is about theanalysis of the shareholders whether or not have the right to inspect the accounting voucherand draw a conclusion;the fifth part is about the analysis of the shareholders can or not copythe information requested to inspect and draw a conclusion.Finally,this paper synthesizes the viewpoints above and rethink profoundly,then putsforward that our country should introduce the right to appoint inspector,in order to achieve the purpose of completing legal rule about the shareholder’s inspection right.