Study On The Affirmation Of The Improper Purpose Of Shareholders' Right To Know

The right to know is one of the fundamental rights enjoyed by shareholders,and for the shareholders of limited liability companies,the right to consult books is an important part of the right to know.The exercise of rights has a boundary,the shareholders of limited liability companies are limited to exercise the right of book access within a certain range,improper purpose is to restrict the shareholders to exercise the right of book access is an indispensable tool."> judicial interpretation(iv)of the company law" stipulates four situations in which shareholders have improper purposes.Academic circles have different views on whether these four situations are both theoretically reasonable and practically operable.This paper starts from the problems existing in judicial practice and makes an analysis of the cases to make up for the loopholes in the system.This paper is divided into three parts according to the writing ideas of putting forward problems,analyzing problems and solving problems.To review and summarize the first chapter is related to the case,particularly in non-litigation retrieval system to case sponsored by random search of shareholder's right to know,will be in Shanghai in 2019 42 relating to the purpose of "improper" judicial documents summarized in detail,it is concluded that the improper purpose that met three main problems in the judicial practice.The second chapter makes a concrete analysis of the improper purpose clause based on the problems mentioned above.In particular,the article discusses whether it is controversial or reasonable,in addition to the legislation does not take into account that the shareholders have multiple purposes of a certain degree of research.The last chapter,through the analysis of improper purposes,puts forward some ideas to improve the improper purposes.The key is to balance the interests of shareholders and the company,because the starting point of legislation is not simply to strengthen or protect one party,but to make the best choice under the balance of interests.