The Research On The Protection Of The Rights Of Preferred Shareholders In China

With the "Measures for the Administration of the Pilot Program of Preferred Shares " and a series of documents published,preferred stock system come into the public view.In recent years,the issuance of several preferred shares of listed companies has taken the first step in the practice of preferred shares in our country.Judging from the current practice of China's preferred stock,China's rights protection for preferred shareholders still need to be strengthened.This paper mainly introduces the problem of how to protect the rights of the shareholders of the preferred shares,and how to analyzes in details concerning the protection of the rights of the the preferred shareholders in China,and puts forward the question of how to protect the rights of the the preferred shareholders from the impact of the introduction of the preferred shares on the subject of the existing rights and the need to maintain the balance between the rights and obligations of the subjects.The author puts forward some suggestions on how to perfect the mechanism of preferential shareholder rights.Based on this logical structure,the article is divided into three parts: the reasons for the protection of the rights of preferred shareholders,the current situation and the predicament of the rights of shareholders in China,and the improvement of the protection mechanism of the shareholders' rights in China.The first part: First of all,by combing the interests of preferred shareholders on the common shareholders,the company's management and other interests of the original beneficiaries,found that the introduction of preferred shares of the company must consider the balance of interests.While the protection of preferred shareholders,shareholder rights is from the perspective of the balance of rights.Second,considering the characteristics of preferred stock itself,the rights of preferred shares vulnerable to infringement,need to be concerned about.In addition,the protection of preferred shareholders of the shareholders of the system can continue to evolve the preferred stock system,resulting in extraordinary practical role.The second part: This part is divided into three items to start.First,the current legislation on the protection of preferred shareholders to sort out the specific content,pointed out that the legislation of the short board.Secondly,on the one hand,the historical experience of China's preferred stock participation in practice is analyzed.On the other hand,the author analyzes the present situation of preference shares in China's practice and the favorable situation Practice and harmful practice.Thirdly,according to the practice of the first two parts,this paper explores the plight of protecting the shareholders' rights in the system of preference shares in China's existing model from both legislation and practice.The third part: Combining with the analysis of the existing system and the development dilemma of our country on the rights of the shareholders of the preferred shares,we mainly explore the perfect method to solve the protection of the shareholders of our preferred shares from the legal level.This part discusses how to balance the preference shares and the common stock shareholders,the preferred shares and the management of the preferred shares in the process of the above-mentioned preference law and the above-mentioned method of the preferred stock system,which is divided into three parts: issuance,voting and withdrawal.Layer and other rights.It is hoped that this paper will pay more attention to the improvement of the rights and interests of the preferred shareholders.