The Legal Protection Of Minority Shareholders' Rights To Dividends In Limited Liability Companies

The right to dividends is one of the most important rights of the shareholders in limited liability companies.Realizing the right to dividends is an important symbol for minority shareholders to realize their investment interests.However,in practice,minority shareholders' rights to dividends in limited liability companies is often infringed,and the reasonable expectations of minority shareholders to invest in companies are often frustrated.The implementation of the judicial interpretation four of the company law in 2017 also did not play a positive role in protecting the right to dividends of minority shareholders.But the right to dividends should be adequately protected as a basic right of shareholders.In view of the situation that minority shareholders' rights to dividends in limited liability companies is infringed but it does not get reasonable relief.This thesis will discuss the legal protection of minority shareholders' rights to dividends in limited liability companies.Specifically,this thesis is divided into three parts:the introduction,the text,and the conclusion.The introduction mainly discusses the basic concepts and characteristics of the right to dividends.The academic community has different views on the protection of minority shareholders' rights to dividends in limited liability companies.The judicial sector has provided several kinds of remedies for the protection of minority shareholders'rights to dividends in limited liability companies.The protection of minority shareholders' rights to dividends is important and the legal protection mechanisms of minority shareholders' rights to dividends need to be improved.The text is divided into four parts.The first part of the text discusses the legal basis for the protection of minority shareholders' rights to dividends in limited liability companies.From the perspectives of protecting the enthusiasm of minority shareholders' investment,the reasonable expectation right of minority shareholders,and the right to dividends is to realize the balance of value,it is a legal foundation for the protection of minority shareholders' rights to dividends in limited liability companies.All things prove rationality and legitimacy of the protection of minority shareholders' rights to dividends.The second part of the text discusses the status of legal protection of minority shareholders' rights in China.Through the observation of the legislative level,analysing the inadequacy of regulations of minority shareholders' rights in the legislation.The observation of the cases of disputes over shareholders'rights to dividends from the implementation of the judicial interpretation four of the company law from September 1,2017 to January 24,2018.Compare and understand the relief status of the minority shareholders' rights to dividends in the judicial practice,and analyze the reasons for the corresponding relief situations.Compare and analyze the different operating modes of the existing judicial remedy mechanisms and the limitations of their actual operation effects.The third part of the text discusses the improvements of the protection mechanism for judicial intervention.In order to express the judicial intervention can't really protect minority shareholders' rights to dividends,author discuss the aspects of expanding the range of judicial intervention,clarifying the judicial intervention boundary.determining the principles of judicial intervention,improving judicial intervention methods,and adjusting the attribution of the burden of proof,etc.In the fourth part of the text discusses the articles of association's protection of minority shareholders' rights to dividends in limited liability companies.From the interpretation of the model-type articles of association provided by the business administration department and the analysis of the impact of the business administration department encouraging the limited liability company to use the model-type articles of association to illustrate the harm of the model-type articles of association to minority shareholders' rights to dividends.Then from how to formulate a personal articles of association,limit the amendments to the articles of association concerning the regulations of minority shareholders' rights to dividends,and strengthen the principled guidance of the legislation on the formulation of the articles of association.In the conclusion part,reviewing the thesis,expecting that the legal protection of minority shareholders' rights to dividends in limited liability companies could be improved by the judicial intervention.formulation of personal articles of association.