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Research On The Protection System Of Minority Shareholders' Rights And Interests In Joint-stock Companies

Posted on:2018-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:X R LiuFull Text:PDF
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Minority shareholders refer to the minority shareholders who have no control over the company,and these shareholders have two characteristics.First,the shareholding ratio is low,the rights and interests are not taken seriously.Small shareholders naturally in a secondary position in the enterprise,the company law on the protection of small shareholders may not set too much space,coupled with the lack of "special care",the nature of the rights and interests of minority shareholders protection;the two is to play the role of small,low participation in the affairs of the company.According to the principle of "one share one power",minority shareholders can not have the right to make decisions in the company because of the low proportion of shares,and can not be compared with the major shareholders in the participation of the company resolution.The principle of capital majority decision is difficult to avoid abuse because of its own disadvantages,and in the company's practice,it will inevitably damage the interests of minority shareholders while protecting the interests of major shareholders.Because the majority shareholder holds the absolute superiority of the company,it can achieve its will on the vote of the resolution of the company,and can also control the interests of minority shareholders,thus controlling the company.Therefore,attention should be paid to the protection of the interests of minority shareholders from the legislation,to guide enterprises to establish scientific and perfect corporate governance structure,to achieve the dual goals,orderly operation and social responsibility,for enterprises to create a more reasonable platform for the rule of law in economy and society.
Keywords/Search Tags:Minority shareholder, protection of rights and interests, cumulative voting system, the appraisal right of dissenters
PDF Full Text Request
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