Empirical Study On Shareholder's Right To Know Litigation In Limited Liability Companies

In recent years,the number of shareholder's right to know litigation cases in China has been increasing,and relevant disputes have emerged.On September 1,2017,the judicial interpretation of company law(iv)issued,which endowed shareholders with new contents of the right to know.This paper conducts an empirical study on the judgment documents of147 cases of shareholders' right to know litigation cases of Shanghai limited liability companies since the implementation of the judicial interpretation of company law(iv),summarizes the overall litigation situation of shareholders' right to know disputes,and extracts the dispute focus of shareholders' right to know litigation.Specifically,it includes the following issues: whether the hidden shareholders and the defective shareholders have the right to know about the company information.Whether the successor shareholders can exercise the right to know about the company information before their shareholding.Whether the "accounting books" can be expanded to explain and whether the shareholders engage professionals to exercise the right to consult.Through empirical study of 147 sample cases,summarize the current controversial problem in the judicial practice in our country and the status quo,analysis of the defects in the existing laws and regulations,and from the shareholders' right to know clearly the exercise subjects,expand the scope of shareholders' right to know and improve the system of the third person auxiliary refer to three aspects of suggestion to perfect the related system,in order to balance the dispute of shareholders' right to know conflicts of interest between shareholders and company to make some contribution.