Research On The Class Shareholders Meeting System

The system of class shareholders’ meeting has a long history in the world company system.It is a system to give special protection to the rights of class shareholders on the basis of the division of class shares,and it plays a very important role in balancing the interests of various types of shareholders within the company and ensuring the long-term stable development of the company.The system of class shareholders’ meeting has developed quite mature and standardized in foreign countries.For example,in the five chapters of the American standard commercial company law,it clearly lists five types of corporate behaviors that should be voted by voting groups,namely class shareholders’ meeting,and also makes detailed provisions on the requirements for attending class shareholders’ meeting and the conditions for the adoption of resolutions.Another example is that the Japanese company law sets up a special chapter(" general meeting of shareholders of various types ")which makes detailed provisions on general meeting of shareholders of various types,including voting matters,convening procedures,voting procedures and other rich contents.However,such a system of great significance to corporate governance system in China has a late start and slow development.In 1994 from the essential clauses in the articles of association to the overseas listed company established "the shareholders’ committee of category system of A shares and H shares",by 2004 "on strengthening the protection of social public offerings shareholder rights provisions of the established" social public offerings shareholder vote system ",and then to 2013" preferred stock pilot management measures for the regulation of " preferred shareholders vote system ",our country has not at the corporate level admit category the legitimacy of the shareholders’ committee,the provisions of the shareholders’ committee and three normative documents for category there are many contradictions,leading to the shareholders’ committee of category system of our country cannot get long-term development.Based on this,this article from the existing problems of the shareholders’ committee of category system of our country,the questions,analyze problems,tosolve the problem by drawing from outside of the shareholders’ committee of category system of relevant laws and regulations and combining with our country’s legislation and judicial practice,puts forward the legislative Suggestions to perfect the shareholders of category system of our country and related measures,in order to our class to stable development of the shareholder’s meeting.This paper is divided into five parts,the main contents are as follows:The first part is the establishment of class shareholders’ meeting system.This part mainly introduces the concept of class shareholder meeting,the exploration of class shareholder meeting system in some developed countries and the development of class shareholder meeting in China.The second part is the definition standard of class shares in China.This part discusses the confusion of the definition standard of China’s category shares,and puts forward specific measures to improve the definition standard of China’s category shares through the exploration of foreign laws and relevant theories.The third part is the resolution of the class shareholders’ meeting in China.This part first points out the existing categories do not have a unified the shareholders’ committee resolution matters of this problem,then the United States,Britain,Japan and other countries was introduced in detail about the category of the shareholders’ committee resolution matters by law and theory discussion,finally,combined with China’s national conditions,puts forward the unified our country category the shareholders’ committee resolution Suggestions and measures.The fourth part is the voting procedure of class shareholders’ meeting in China.This part starts with the problem of inconsistent voting procedure of class shareholders’ meeting in China.On the basis of the Suggestions of domestic experts and scholars and the advanced experience of legislation in foreign countries,combined with the status quo of relevant legislation and justice in China,specific Suggestions are given to unify the voting procedure of class shareholders’ meeting in China.The fifth part is the judicial remedy system for the defects of class shareholders’ meeting in China.This part analyzes the existing problems of imperfect judicial remedy system of class shareholders meeting defects in our country,and on the basis of summarizing relevant theories and legal provisions at home and abroad,puts forward specific measures to improve the judicial remedy system of classshareholders meeting defects in our country.