Study On The Entrustment Agreement Of Voting Rights In Company Law

Entrustment agreement of voting right exists widely in the practice of modern companies,whether in capitalist developed countries or socialist China.The parties entered into the voting rights agreement for different purposes,it may be to gain or maintain control of the company,it may be to maintain the consistency of the company's business policies,or to achieve the goal of breaking the deadlock in the company,etc.The validity of the agreement is gradually recognized from the development trend of foreign legislation and judicial practice.In the current practice of company law in China,the application of such agreements has become an important means to achieve corporate governance.The success of JD makes the application of this system become an important choice for the company to develop gradually from small scale to large scale.Especially under the background of "mass entrepreneurship and innovation",it is of typical significance to study the system in detail.As for the choice of the path to maintain the founder's right of control,the system of voting right entrustment agreement also brings new ideas.At present,the company law of our country does not stipulate the validity of the entrustment agreement of voting right,which makes it exist in great legal blank.This article carries on the clear to its system connotation,starts from the validity of the effectiveness to manifest this system existence superiority.At the same time,the author makes the right to vote entrustment agreement can give full play to its institutional advantages,through the system design,and appropriate regulations.At the beginning of this paper,the basic contents and research methods are introduced.Then,the author has carried on the theory analysis to the voting right entrustment agreement system.Specifically,it includes the connotation,characteristics and functions of voting right entrustment agreement and the different types of voting right entrustment agreement under different classification standards.At the same time,through the comparative study with other voting rights related systems,the system can be more prominent emphasis and superiority.On the other hand,the author introduces the validity basis of voting right entrustment agreement from the aspects of history,practice,theory and validity.Next,the author mainly studies the system of the entrustment agreement of shareholders' voting rights,starting from the subject,form,period,specific content and other aspects of the agreement to provide a new specific path for the maintenance of shareholders' control.It also analyzes the practice of entrustment agreement of voting rights of shareholders from the perspective of specific cases.At the same time,the author also made a system analysis of the proxy agreement of the right to vote with the right of directors as the object,not only analyzed the content of the agreement,but also put forward legislative suggestions on the existing problems in practice.Finally,the article mainly introduces the legal regulations on the existing problems under the entrustment agreement system of voting rights.From the general regulation to the establishment of information disclosure system and shareholder proposal rights system for the content of the special regulation,they are conducive to preventing the abuse of the right of the right holder and safeguarding the interests of all parties in the process of entrustment of voting rights.