Research On The Shareholder Inspection Right Of Limited Liability Corporations

Accurate and timely grasp of company management information is the prerequisite for shareholders’next investment activity. However, it becomes more difficult to obtain company information resources with the separateness of the company’s ownership and the management when the shareholders gradually get out of the company’s actual operating management activities. However, note that it is the eternal research theme for shareholders to better safeguard company’s legitimate rights and interests although they gradually get out of the company’s management layer. It is especially important for shareholders to have a timely and accurate understanding of all kinds of company’s information,and shareholders’ information right become more important, while shareholders’ check power system is the key to information right system.There is a relatively clear rules to shareholders’ inspection right in article 33 of company law, the company law regulates the scope, way,proper purpose and litigious right after rights barried of shareholders’ inspection right.However, the implementation of company’s registered capital system is extremely urgent with the amendment of company law 2014, the existing relevant provisions are too abstract, and many problems’ specific operation have not been regulated, which lead to the lots of disputes in the practice of inspection right, and it is also difficult for courts to make accurate judge during the proceeding of relevant cases.Therefore, it is necessary to improve the shareholders’ inspection right.Thus author wants to put forward thoughts about the construction and perfection of the limited liability company shareholder’s inspection right system in our country by learning from foreign legislative experiences of shareholder’s inspection right under the premise that all kinds of shortage of inspection right system in our country are fully analyzed.Specifically, this article discusses the perfection of the limited liability company’s inspection right in our country from four chapters.Chapter One discusses the theoretical basis of the limited liability company’s inspection right from the perspective of Science of law/economics and Law and Economics,which lays a theoretical foundation for the following research of the specific system of shareholder’s inspection right. These theories include Contract Theory,Asymmetric Information Theory and principal agent theory.Chapter Two discusses the practice body of the limited liability company’s inspection right.The problem about the practice body of inspection right is in disputes during the process of shareholder’s inspection right. This part will combine the relevant legislation. precedent and theories of UK, US,Germany,Japan and France to discuss and research the problem.Chapter Three mainly solves the problem about the restriction of the limited liability company shareholder’s inspection right. Which mainly includes the restriction of proper purpose clause and scope limitation of document review. There have been relevant regulations about proper purpose and exercise style and scope of inspection right, but these regulations are too simple, which are not beneficial to maintain balance between shareholder’s interests and company’s interests.Chapter Four mainly discusses exercise procedures of shareholder’s inspection right and relief procedures. Relief procedures mainly include judicial proceedings and non-judicial proceedings, its core aim is to protect the exercise of shareholder’s inspection right comprehensively...