Voting Rights Are Openly Solicited For Research On Legal Issues

The system of levying public voting rights established by the Securities Law of China is a useful exploration for the development and operation of listed companies.A more perfect system of expropriation of shareholders' right to vote will help to give a better play to the stimulating effect of the system on the vitality of listed companies.However,in our country,the voting is in a state of promoting legislation in practice.During the development of the public voting system in China,many key issues have been disputed.We can learn the legislative experience of other countries and regions.First of all,explaining the basic theoretical system of public voting rights,the proxy relationship between soliciting subjects,the collection of public standards and methods.After analyzing and discussing the existing problems one by one,the qualification of the subject of collection is clarified,the cost burden is clarified,and the relief channel is improved.The first part raises the issue through the victory of the shareholding case,analyzes and points out the shortcomings of copying foreign state models in the development of the public voting rights collection system in our country by the collection of subjects' qualifications,collection costs and burdens,and so on.Under the background of the “Regulations on Public Solicitation of Shareholders' Rights of Listed Companies” promulgated by the “Securities Law”,some rights nature,legal relations and practical issues are still unclear and non-standard.The second part analyzes the voting right of shareholders in listed companies,confirms its nature as an inherent right,and makes clear that “voting right”,“voting right”,“decision right” and other words have different emphases,and should be used in practice.Defining the subject of public solicitation in China,the subject of eligibility solicitation to open more than 25 shareholders,actively disclosing information in accordance with the provisions,signing a proxy letter,and collecting their voting rights to achieve the purpose.A business campaign for control of a company.The third part analyzes and determines the qualification of the bidding subject.On this issue,in combination with relevant foreign laws,China's practice and market development.It is necessary to set up an investor protection agency to solicit activities in order to protect minority shareholders' interests.The fourth part expounds what is necessary for public solicitation of fees,in order to effectively prohibit disguised paid solicitation of voting rights,promote the widespread use of standards,and collect voting rights after the initiation of the solicitation of voting resolutions through the realization of appropriate cost burden and the impact of judgment.Who will bear the cost of the collection? If a lawyer makes a resolution in private,the lawyer shall bear his expenses;If not included,the salesman shall bear a certain proportion of the collection fees,and the company shall decide whether to bear the fees according to the effect of the implementation of the resolution.The fifth part discusses the remedy of the expropriation of voting rights.Its self-relief is mainly based on the entrustment agreement between the subject of solicitation.For the purposes of public remedy,the application of a shareholder derivative action against a defendant may be covered in the solicitation topic with Section 151(3)of the Act “Company Act”,and the public solicitation of voting rights that infringe the interests of the Company.To improve the administrative relief standard,improve the efficiency of right relief,we can refer to the existing civil liability and tort liability with the “Civil Code” contract standard,apply the principle of fault liability,safeguard the interests of shareholders.