On The Forced Distribution Of Dividends In A Limited Company

A company's compulsory allocation of dividends is a remedy for small and medium-sized shareholders to intervene in the company's autonomy and to distribute dividends when the profit distribution claims are violated.In September 1,2017,the newly implemented judicial interpretation four of company law provides for the first time the litigation procedure of claim for profit distribution,which provides a clear legal basis for the rights relief of small and medium-sized shareholders.Due to a special type of litigation,the forced distribution of dividends is a special type of litigation.It involves not only the interests of all shareholders,the company itself,but also the creditors of the company,and from the perspective of litigation procedure,it is necessary for the court to make an appropriate and definite judgement based on many procedural problems such as correctly identifying whether the prosecution shareholder is eligible or how to give evidence.Only to be simple legislation provisions of the litigation,the judicial practice is difficult to adapt to the complexity of demand.Therefore,based on the previous academic research,drawing on the useful experience of foreign countries,the use of procedural theory in-depth analysis and Research on this type of litigation,the judicial application and on the basis of the study of China's limited dividend distribution litigation and puts forward some improving suggestions.In addition to the introduction and conclusion,the text mainly includes four parts.The first part: a summary of the current judicial relief request.The part of the case in the judicial practice often appear as an example,studies the current our country compulsory distribution of dividend litigation problems,namely "someesentence" phenomenon and the defects of small and medium-sized shareholders of the existing relief measures,and puts forward the necessary of China's compulsory dividend distribution litigation and significance.The second part: a comparative study of the extraterritorial claims about the compulsory distribution of dividends.This part mainly studies the compulsory allocation dividend litigation,the unfair injury remedy in Britain and the compulsory dividend assignment in France,and on this basis,it seeks useful references for our country.The third part: the discussion of judicial relief.This part is mainly a deep analysis of the lawsuit of the compulsory distribution of dividends according to the legal principle.In the nature of the analysis of the action and the abstract right of dividend distribution has of coursebased on the analysis of specific litigation,such proceedings contain litigation theory: from the Beneparty theory to analyze the legitimacy of a lawsuit from the individual shareholders;the principle of balance of interests of the parties a reasonable division of the allocation of burden of proof between;from the similar necessary joint action is the perspective of the theory of res judicata to parties the legitimacy of the expansion,in order to build a complete system of litigation.The fourth part: the perfection of the forced distribution of dividends.According to the dividend distribution litigation in China the problems and puts forward some improving suggestions,including perfecting the system of joint action;the introduction of similar necessary joint action,as Beneparty and res judicata provide reasonable basis;strengthen the procedural guarantees of the parties not involved in litigation,and unified to maintain the stability of litigation judgment.