Study On The Legal Problem Of Former Shareholders' Right To Know After The Equity Transfered

Many rights of shareholders by modern company law be explicitly given, was defined in a series of shareholders' rights, the right to know is a different from other basic rights,the effective execution of its other rights to protect shareholders provides the premise condition.In our country in 2005 revised the company law established the system of shareholder's right to know. Thanks to the establishment of the system, the rights and interests of the shareholders of a company is to a certain extent, to guarantee, In the company of the interests of the disadvantaged minority shareholder protection is particularly prominent. So far, the system of shareholder's right to know the types of cases, a large number of issues involved in the case showed the characteristics of complex and diverse, including how to delimit the scope of shareholders' right to know,exercise the body, the purpose of the exercise, and many other problems. Stand in the perspective of judicial practice, the qualification of exercise of right to know doesn't have a unified standard, causing a lot of damage to the lawful rights and interests of shareholders, and no relief path, one of the highlights is shareholders' equity is damaged during such as the shareholders of a company, trying to maintain their own rights and interests of the equity transfer after the original shareholders. A large number of relevant shareholders' right to know the subjects of the exercise, whether in theory or practice there is a debate, mainly around the equity transfer after the original whether shareholders shall enjoy the right to know during its stake. In this article, through the case raises questions, on the exercise of shareholders' right to know the subject and scope of research, from two angles of theory and practice focus on the legitimacy of the original shareholders exercise their right to know, at the same time to the original shareholders how to set and puts forward some Suggestions for the exercise of right to know, the purpose is to the original shareholders exercise their right to know to find theoretical foundation and solution. The author aims to propose the suggestion related to the original shareholders' right to know, provide a reference for perfect the relevant legislation in the company law, and provide certain help to break the judicial dilemma.In this paper, first of all, through the case of dispute about the original shareholders'right to know which leads to the equity transfer after the original whether shareholders shall enjoy the right to know and if they should enjoy the right to know should how to define the two big problems with exercise. Next, from the original shareholders shall enjoy the right legality, necessity and feasibility of demonstrating the legitimacy of stock transfer after the original shareholders enjoy the right to know. After the equity transfer the original shareholders enjoy the legitimacy of the right to know from the principles of civil law regulations, and the theory of the third layer and the right to know two points of view in this paper. Its necessity is mainly manifested in two aspects of legislation purpose and judicial justice. By analyzing the relevant legislative experience abroad and domestic judicial situation reflects to the original shareholders' right to know have the feasibility. Finally, the transfer of equity set the original shareholders; right to know and exercise Suggestions are put forward. This part mainly contains two aspects:one is to define the scope of the original shareholders' right to know,from the perspective of interests balance of this part, in order to ensure company business information, trade secrets are not illegal violation, guarantee the exercise of the original shareholders' right to know the purpose of legitimacy, a the definition of scope of the original shareholders' right to know. Next is to the original shareholders to limit the exercise of right to know, mainly from the purpose of the original shareholders exercise their right to know and time and made a qualified legal responsibility.