Study On The Shareholders' Right To Know In Limited Liability Companies

For most companies in the current society,the principle of"separation of management right and ownership right" is almost always applied in corporate governance.Among the shareholders of the company,a considerable number of shareholders do not participate in the daily operation and management activities of the company.In the operation and management of limited liability companies,shareholders who do not participate in the management of the company will gradually lose control of the company's information.When the shareholders of a limited liability company are not aware of the company's financial information or major information related to the company,it will be very easy to lead to some people who control the company to make use of the key information to make some behavior of enriching themselves,which will lead to the interests of other shareholders of the company to be damaged.Therefore,in the face of such a situation,the relevant provisions in the company law of the People's Republic of China(hereinafter referred to as the company law)on the protection of shareholders' right to know can protect the interests of shareholders whose right to know is violated to a certain extent.However,with the infringement of shareholders' right to know emerging one after another,the relevant provisions of the company law are not enough to completely solve all kinds of disputes about shareholders' right to know.Although the provisions of the supreme people's court on the application of the company law of the People's Republic of China on several issues of>(iv),which was formally implemented in September 2017(hereinafter referred to as the judicial interpretation of the company law iv),has been of great help in solving the disputes over shareholders' right to know.However,there are still some special cases and loopholes that can not be regulated accordingly.Therefore,in the context of the relevant provisions of the company law interpretation(iv)on the right to know of shareholders,the right to know of shareholders has a new discussion direction and necessity.This paper is divided into four parts.The first part mainly introduces the basic concept of shareholders' right to know and the nature of shareholders' right to know,and proves the legitimacy and suitability of shareholders' enjoyment of shareholders' right to know.The second part is the introduction and analysis of the current situation of China's shareholder right to know legislation,and summarizes the current legal system in China,the provisions of limited liability company shareholder right to know what problems still exist.The third part is the introduction of the legal system of the right to know about shareholders outside the region,so as to draw lessons from the mature experience of the right to know about shareholders outside the region.The fourth part is based on China's actual situation in view of the current provisions on the right to know shareholders of limited liability companies and put forward corresponding solutions to these problems,in order to provide effective help for China's right to know shareholders in legislation and in the practice of dispute resolution.