Study On The Right To Know Of The Limited Liability Shareholders

Modern company management theory holds that the company's governance structure should be separated from the status of the owner and the manager.Although the limited liability company has the characteristics of few shareholders and shareholders can directly participate in management.With the expansion of the company's scale,the above problem will appear.In this situation,it is extremely important for shareholders of limited liability companies,especially small and medium-sized shareholders,to realize their shareholder rights and ensure the security of their own investment properties.The shareholder's right to know clearly solves these problems,balancing the conflict between large and small shareholders due to inconsistencies in information.China's "Company Law" in 2005 introduced entirely new rules on the shareholders right to know.In this law,it clearly stated for the first time that shareholders can consult the company's accounting books under certain conditions.However,there are still many disputes in practice.In order to balancing this controversy,the "judicial interpretation of the company law" has been promulgated in2017.Explanation four has solved some of the contradictions well,which has made our shareholders more aware of the shareholders right to know,but there is still have a series of problem.This article intends to focus on the content of shareholders' right toknow,and discusses the issues related to the right to know of shareholders of limited liability companies in conjunction based on Explanation four.The article is divided into three chapters:The first chapter is the current system of shareholders' right to know in China's current limited liability companies.First explain the impact of the Explanation four.Then discuss the differences between limited liability companies and joint stock companies in shareholders right to know.Finally,on the basis of the foregoing,arise some issues that need to be solved urgently.The second chapter is about the basic issues of shareholders' right to know in limited liability companies.Discussing the issues raised in the first chapter from aspects of subject,object,procedures and reasonable restrictions.Such as if Capital contribution flaw shareholders have shareholders' right to know.The third chapter suppose suggestions based on foreign advanced legislation.First,discuss German law,American law,Japanese law and summarize its characteristics in the system of shareholders' right to know.Then suppose some suggestions to China's current system.