Analysis On Legal Regulation Of Minor Shareholders

The diversified development of market economy,making the market subject also showed a diversified trend,minor shareholders gradually appear in people's view.Can minors become shareholders of the company?What are the differences between the minor shareholders and the adult shareholders? How to solve problems cause by Minor shareholders? Although many scholars have studied the issue of minor shareholders,but few scholars study the issue of legal regulation of minor shareholders.This article will be based on commercial theory,combined with the company legal system,analysis of the legal regulation of minor shareholders.First of all,this article has made a legal definition of minors,and summarize the concept of minors shareholders.Second,The reasons for the formation of minor shareholders,including family shares,minor to help others hold shares and minors own shares.When the author demonstrates the minor shareholders qualification,neither the use of traditional civil rights and behavioral competence theory,nor the use of "There is no law that is free" theory,but the use of commercial capacity theory and merchant 's qualification theory.Because the lack of commercial capacity of minors,we must be complemented by the agency system,to analyze the legal agency system and commercial agency system of minors.Then,from the protection of people's interests and risk prevention point of view,to discuss the necessity of the legal regulation of minor shareholders.Finally,in order to against the three major risks(agency risk,transaction risk,institutional risk),we need to regulate the agency supervision system,the construction of minor independent property system,combining the company law system to deal with the contradiction between the disclosure of minor shareholders and the protection of minors' Information,play the role of the arbitrariness of company law to adjust the minors shareholders.At the same time to be provided the contents of the entity and the contents of the program,when a minor shareholder become an adult shareholder.This paper analyzes the research results from China and foreign,contact the reality of the development of Chinese law,It is a good idea to discuss the legalregulation of minor shareholders and other problems about company law.