Study On The System Of Shareholder's Voting Trust

The system of shareholder's voting trust is the combination of the shareholder's voting right and trust system,in this system,shareholders sign a written contract of trust with the trustee in order to achieve the legitimate purpose under a trust agreement,voting right will be detached from the shareholders,within the agreed period of voting rights transfer to the trustee,exercised by the trustee.This system revolves around the disposition of the company's control power,and has the function of maximizing the interests of all parts.It is of great significance in protecting the interests of minority shareholders and stabilizing the structure of the company.At present,our country's law does not have the explicit provision about the shareholder's voting right trust,but in the judicial practice domain has appeared the voting right trust case.Due to the development of theoretical research is slow,while the lack of legal provisions of the system,and the voting trust practice has been carried out,causing the existing voting trust if disputes arise,it is difficult to guarantee the legitimate rights and interests of the parties,only the analogy of other laws.Therefore,it is necessary to establish the voting trust system in China.This paper is composed of three parts: introduction,main part and conclusion.The main part is divided into four parts.Through a variety of methods of study,we gradually analyze the establishment of the voting trust system of shareholders in our country.The first part is an overview of the voting trust,in this part,a clear system of concept,nature,characteristics and functions,will vote right trust compared with related systems,analyses the similarities and differences between the system of voting trust,if entered between the legislation of our country with other system;analysis the second part of the voting rights of the shareholder necessity into our country;the third part is about the construction of system obstacles;the fourth part is the body most important chapter,according to the voting trust system in China's legislative proposals.There is no legal provisions in our country.The voting trust system should be based on the successful experience of other countries to construct the system of voting trust in China,and China's actual combination,based on the establishment of legal system,not limited to the company law and the individual legal department but stipulated in the laws.Regulate the rights and obligations of the parties,improve the procedures of the voting trust system,and the establishment of remedy system.