Research On The System Of Judicial Intervention Of Dividend Distribution In Limited Liability Company

Abstract:Reasonable and orderly way of dividend distribution activities are necessary to achieve shareholder return on assets, and they are also objective requirements of protecting the right to dividends distribution. However, the problem of limited liability company dividend distribution has its particularity, different subjects prone to conflicts of interest in the course of the company’s dividend distribution, especially among small shareholders, alienation capital majority shareholder rights abuses often cause such conflict. Chinese "Company Law" on the establishment of a dissenting shareholder repurchase though, judicial dissolution of the company’s complaint and other jurisdictions involved in the company’s dividend distribution system, but these systems requests for dividend distribution protection of the right either too general lack specific basis, or protecting mode is rigid so that it’s lack of maneuverability, its role is very limited relief in urgent need of further improvement.To improve our judicial intervention in the limited liability company dividend distribution system, we can learn from Britain, the United States, France, Germany and other countries with different features and relatively mature mandatory dividend distribution system. In our country, to achieve the desired results of the jurisdiction intervention in the activities of limited liability company dividend distribution, we should not only follow the principles of the priorities of corporate autonomy, exhausted internal remedies, indirect intervention priorities, judicial caution intervention business judgment, but also to build the mandatory dividend distribution of complaints with Chinese characteristics in order to improve the administration of justice on the intervention system in the "Company Law". The construction of this system must be designed from the physical conditions and procedures in both aspects, specifically applicable to the mandatory dividend distribution of complaints preconditions and corresponding judicial procedures, in full respect for the autonomy of the company on the basis of reasonable and effective judicial power play in dividends regulatory role in the allocation process. Only in this way could our system of judicial intervention dividend distribution be more perfect and reasonable. And the dispute of the limited liability company in the dividend distribution will be reasonable solved, and the goal of maintaining corporate autonomy, protecting the rights of shareholders and other stakeholders will be achieved.