On Voting Agreement

With the development of economic globalization and capital market,the company and related systems have made great progress,and the battle for corporate control has become increasingly intense.The company's control power is related to the core issues such as the company's development model,operation concept and profit distribution.A variety of management and legal systems have been created to gain control of the company.The company shareholders' voting rights is an important basis for control power of company,through the design of voting rights,such as the proxy of voting rights,voting trust,voting agreement,provides a way to obtain the right to vote.Because of its flexible and reflection of the real meaning of the shareholders,the voting agreement is widely applied and formed a relatively complete system of legal norms,with a development of being denial to recognition in foreign area.In the practice of maintaining or gaining control of company,there are also some relevant practices of voting agreement,but our country has not yet formed a complete legal system of voting agreement.Therefore,this article attempts to analyze the nature and the system connotation of the voting agreement,and compare its institutional advantages and shortcomings,so as to provide some ideas and suggestions for the legislation of voting agreement in China.This article is divided into three parts,the introduction,the text and the conclusion,in which the main text is divided into three chapters.The first chapter is an overview of voting agreement.This chapter mainly analyzes the concept of voting right and voting agreement.There is introduce about the development from denial to approval of voting agreement.By clarify the concept and basic operation mode of the voting agreement,and by comparison with the approximate system,focuses on the characteristics of voting agreement,and then draw the conclusion that it has advantage for its widely use and reflection of the true will of the shareholders.The second chapter is about system analysis of voting agreement.This chapter makes a deep analysis of the system structure of the voting agreement.By analyze the aspects of its private law coordinate,legal principle,agreement making and relief system,the system content and operation mode is defined.The third chapter is about the legal system of voting agreement in china.Based on the analysis of voting agreement,make the advantages and shortcomings clear.Put forward some suggestions and references about the voting agreement's legislativemodels and specificationdesign,to form the legislation system in China.Although the voting agreement has been common in the actual operation of company running in China,the theoretical research is still inadequate,and there are still some vacancies in legislation.To a better apply with voting agreement for our company and to avoid confusion in law application,and fully exert its system value in company control system,there is aeager need to set legalnorm t as soon as possible.