Legal Issues Of Abusing Control Rights By Actual Controllers

The actual controller does not have the identity of the company shareholder,but can control the company through investment,agreement and other arrangements.This control includes the resolution of the shareholders' meeting and board of directors of the internal control company,and the external influence on the company's meaning,so as to enable the company to serve the actual controller.According to the definition of the actual controller in the company law,this paper analyzes the concept of the actual controller,explains the control body,control mode and control behavior,and analyzes the identification standard of the actual controller.On this basis,combined with the actual control of the control of the actual controller in practice,such as the actual controller uses associated relations to engage in related security,or fraudulently damages the interests of the company and the creditor's interests,these abuse of control damages the interests of the internal companies and shareholders,the external creditors,and is not conducive to the public.There are many reasons for the abuse of control by the actual controller,including the definition of the actual controller,the non regulation of the rights and obligations of the actual controllers and the lack of the right relief system for the actual controllers.These legislative problems are not conducive to the practical control of the actual controllers in practice.Regulation.Through the analysis of the regulatory analysis of the abuse of the actual controllers in Germany,Australia,the United States and the United Kingdom,it is found that,on the one hand,countries clearly define the rights and obligations of the actual controllers by direct legislative regulation to the actual controllers of the company,weakening the influence of the controllers and preventing the abuse of the rights of the controlling shareholders.On the other hand,various countries improve the corporate governance structure,separate the ownership and control of the company,strengthen the supervision and balance between the shareholders' meeting,the board of directors,the board of supervisors,and restrict and restrict the corporate controllers in an indirect way.By analyzing the legal regulation and system design of the actual controller of the company abroad,the relevant suggestions are put forward for the actual controller of the company in our country to abuse the control right,namely,to modify the legal regulations of the actual controller in the company law,and to improve the specific system in the corporate governance to prevent the control of the actual controller from abusing the control right..It is hoped that the proposed legal advice to improve the control rights of the actual controllers can help to optimize the corporate governance structure and maintain the interests of the shareholders and investors.