Research On Proxy Solicitation Issues

The proxy solicitation issue is an important content of modern corporate governance, is also a necessary way and effective mean in the governance of listed company, and plays an important role in the shareholders meeting operation of modern company and the battle for corporate control. The proxy solicitation is different from the proxy of voting rights, the application of this system is more frequent and mature in the United States, and then it is introduced to Japan, South Korea and other countries, playing an important role in the security market. Since the 1990 s, the proxy solicitation system has also been introduced to our country, but the research on the proxy solicitation problem started relative lately in china compared with abroad, and the legislation was also relatively limited and deficient, therefore, as to the discussion of this problem is imperative no matter in the academic field or practical application field. This article mainly has a research on the proxy solicitation on several issues, combines with foreign advanced legislation and practice case and takes this opportunity to reach the purpose of further study and reference to our country’s proxy solicitation system.This article includes three parts, introduction, main body and conclusion. The main body has five chapters and the specific contents are as follows:The first chapter is a summary of the proxy solicitation, mainly introduces the concept of proxy solicitation, the difference with the proxy of voting rights, the emergence and development of the proxy solicitation system, the main function of the proxy solicitation and the necessity of establishing the proxy solicitation system and has a preliminary explanation about the proxy solicitation issue from macroscopic view. The second chapter has a discussion on the proxy solicitation subject from the solicitation subject scope and solicitation subject qualification. The third chapter mainly expounds the several problems related to the proxy solicitation behavior. They are the legal issue of compensation, the undertaking problem of the collecting fees, revocable problem of dealership and the agent time.The fourth chapter discusses the violation responsibility problems in the process of proxy solicitation. It is divided into two parts. The solicitation people don’t attend the shareholders meeting and the responsibility investigation of the solicitation people who are against the will of shareholders to implement their voting rights. The fifth chapter mainly describes the information disclosure problem in proxy solicitation, from the specific content of information disclosure in other countries and regions, and the legal perfect about our country’s information disclosure rules.