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Shareholder Inspection Right Of Limited Liability Company

Posted on:2015-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2296330464455781Subject:Law
Abstract/Summary:PDF Full Text Request
Shareholder inspection right is an important part of shareholder’s right, also is the premise and basis of shareholders to protect their interests and the realization of other rights. The so-called "the inspection right of shareholder", refers to the law gives shareholders through access to the company’s financial accounting report, the accounting books, records of the meetings of the company’s decision-making, management of correlation data, inquiry and the above facts related matters, to achieve understanding of the company management information and operation status of rightsWhen Shareholders want to understand their own investment, safeguard their rights, realize their own interests and the interests of the company, they have to participate in company affairs and supervision actively. However, the effective participation and supervision is established on the basis of fully understanding of company business, finance and management information. The inspection right of shareholder is one of the key approaches for shareholders to obtain management information. The provisions of article thirty-fourth of Current "company law" of China, the relevant content of shareholder Consulting Co. ltd.. However, due to the lack of relevant detailed rules for the implementation of regulations, it leads to the judicial practice atypism.This paper attempts to analyze the exercising subject, object of several controversial issues on the inspection right of shareholder of a limited liability company, in order to promote the rights of the shareholder.The first chapter is an overview of the access rights of the shareholders of limited liability companies. In the first section, shareholders’right, shareholders’right to inspect is explained as the main performance of the right to know. Next, in SectionII, the differences between the inspection rights of the limited liability company shareholders and that of joint stock company shareholders.In the second chapter the controversial subject of the shareholders of the limited liability company is analyzed-The author discussed the eligibility of each subject in dispute through a comparison of multinational legislation and the views of scholars.In the third chapter the object of the right of inspection by the shareholders of a limited liability company is discussed.And many objects are suggested to be added to the range of inspection rightsIn the forth chapter there is discussion about public relief concerning the the shareholders’inspection rights.And the author suggested some measures to the current legislation.In the fifth chapter there is a discussion on restrictions of shareholder’s inspection right.It includes proper purpose, secret agreement and the remedy to protect the company’s profits.
Keywords/Search Tags:limited liability company, the right to inspect, object of inspection rights, public relief
PDF Full Text Request
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