Research On The Voting Rights Exclusion System For Shareholders Of Limited Companies

In the practice of Limited by Share Ltd,shareholders have their own shares based on capital contribution.Then shareholders have different voting power according to the size of their shares.Voting on the company’s related matters at the shareholders’ meeting is decided by the common sense of the participants’shareholders to form the company’s overall intention.The elimination of shareholder’s right to vote was first established in the legislation.It is in the German commercial code.After that,Japan and other countries also have relevant legislative provisions.With the promotion of the rule of law in China,the sixteenth article of the company law in China is the first to determine the exclusion system of voting rights,which is only the preliminary legislative design of the system.But it has pioneering significance in promoting and perfecting our legislation,managing the company and balancing the interests of shareholders.As far as the system is concerned,there are still imperfect aspects in our existing legislation.If the scope of application is too narrow,the scope of the subject is single,the application procedure is not clear,and the relief measures are not perfect.This article is divided into six parts:introduction,first chapter,second chapter,third chapter,fourth chapter and conclusion.The introduction clarifies the research background,purpose,literature review and innovation and deficiency of this paper.The first chapter of the article "summary of the system of voting rights exclusion of shareholders" is the general overview of the system of voting rights exclusion of shareholders,including the legal basis and functional value of the system.The second chapter "the analysis of the current status of the voting rights exclusion system of our shareholders" is the analysis of the status of the system in China,including two aspects of the current system structure and system defects.The third chapter "the inspection of the exclusion system of voting rights of foreign shareholders and the enlightenment to our country" is an extraterritorial study of the voting rights system of shareholders.Through the analysis of the legislation and practice process of the German and Japanese voting rights exclusion system,it gives our country a certain inspiration to improve the system.The fourth chapter,"the proposal for the improvement of the voting rights exclusion system of our shareholders",puts forward some suggestions for the improvement of the legislation of the system,such as the scope of application of the system,the scope of the applicable subject,the standard application procedure,and the improvement of the relief measures.It further seeks to make the system more perfect and comprehensive in relevant laws and regulations,so as to ensure the fairness and rationality of the company’s decision-making.