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Improve The Research On The Control Of The Controlling Shareholder Of Listed Companies

Posted on:2017-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:2356330512963029Subject:Law
Abstract/Summary:PDF Full Text Request
In China's listed companies,the controlling shareholders with its control position in the company and the dominance of the company,the influence of small and medium shareholders,creditors and the interests of the company's common phenomenon,through the analysis of these phenomena,we can clearly see the contradictions and problems,which makes us think about how to effectively control the controlling shareholder and prevent the abuse of its rights.Here,the controlling shareholder of listed companies abuse of control has a major premise,that is,to obtain control of listed companies,because the proportion of shares held by shareholders to the legal definition of the controlling shareholder of the standard,but does not mean that the shareholders of listed companies have absolute control,so the premise of abuse of control must be the controlling shareholder of the listed company has achieved the actual control right,that is,the controlling shareholder has become the actual controller of the listed company at the same time.At present,there are still many shortcomings in the legal system governing the controlling shareholders,such as the shareholder's fiduciary duty and related transaction legal system,the legal system of shareholders' voting right,the right of minority shareholder's proposal,the legal system of director nomination and the legal system of the executive organ.There are various defects.In view of the above problems,the paper analyzes how to perfect the legal system to effectively control the abuse of the controlling shareholders.In addition,in addition to improving the legal system,listed companies in the internal governance can also be provided by the form of the statute of directors,supervisors,the high way to generate and enjoy the rights,in order to achieve a comprehensive check control shareholder abuse rights.
Keywords/Search Tags:Listed company, Holding shareholder, The domination abuses
PDF Full Text Request
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