Legal Research On Shareholder Pooling

In today's rapid economic development,the company's struggle for control has gained widespread attention from scholars.The right to vote as a kind of shareholder rights is one of the tools to obtain control of the company.The so-called shareholder voting rights refer to the rights that a shareholder enjoys based on his status and makes certain intentions regarding the motion proposed by the general meeting of shareholders.It may exercise their right to vote.Shareholders may choose managers at the general meeting of shareholders and participate in major corporate decision-making.In conjunction with the intentions of other shareholders,they adopt the principle of capital majority decision and translate the meaning of the heart into a legal expression of meaning.In the form of a general meeting,it rises to the will of the company.Voting rights are the main manifestations of the control of shareholders in the law.voting rights are exercised in a variety of forms and are gradually enriched.From the direct exercise to the creation of cumulative voting systems,voting rights,voting rights trusts,and shareholder voting rights agreements,the exercise of voting rights has become increasingly popular.The more diverse.In our country's practice,shareholders have used various methods to exercise their voting rights in order to obtain more control rights and realize their interests.Although China's company law does not specifically stipulate agreements on shareholder voting rights,in our country's commercial practice,there have been shareholders'voting rights through shareholder voting rights agreements and inevitable disputes have arisen.This article takes the shareholder voting rights agreement as the research object,and discusses and discusses the shareholder voting rights agreement on a series of legal issues,such as the effectiveness of shareholder voting rights agreement and the issue of breach of contract.The first part analyzes the concept and function of shareholder voting rights agreement and its comparison with related systems.It aims to elaborate the nature and irreplaceable status of shareholder voting rights agreement.The second part,in this part of the author combined with China's relevant legislation and cases,shows the application status of shareholder voting rights agreement in China.The third part discusses the validity of shareholder voting rights agreement,discusses the legitimacy and necessity of shareholder voting rights agreement from the aspects of the legal foundation,the objectivity theory of voting rights and company contract theory.In the fourth part,this part elaborates that in order to avoid the abuse of the voting rights agreement,the shareholder voting rights agreement must be legally restricted.In the fifth part,this part discusses the issue of breach of contract violations that violates shareholders' voting rights agreement.Remedies for violations of shareholder voting rights agreements include actual performance and damages.The application of actual performance is more complex and depends on the expected breach of contract and actual breach of contract,while damage compensation is difficult to determine damage.The author proposes corresponding suggestions for the application of the above two relief methods.