Research On The Shareholder’s Right To Consult The Accounting Books Of Limited Liability Company

The legislative purpose of shareholders’ right to consult accounting books is to let shareholders better understand the operation of the company and protect their legitimate rights and interests through accounting books.In the operation and management of limited liability companies,the rights and interests of small and medium shareholders are often infringed.It is beneficial for shareholders to protect their legitimate rights and interests and investment income to rationally use the right to consult accounting books.However,in China,there is only a general clause in the Company Law on the right of access to accounting books,and there are many disputes in the provisions of the Judicial Interpretation of The Company Law(IV)in practice.Therefore,there is no unified basis for judgment in the actual judgment of the court,and different results often appear in similar cases.Shareholder accounting books to right system to solve the problem of asymmetric information and agency problems has important value,but by collating relevant judicial cases in China,the accounting books refer to find shareholder narrow subject qualification is not clear,object,purpose of "improper" fuzzy standards and other issues,should make clear a regulation shall enjoy the right of accounting books of the company access to the main body qualifications,Clear shareholders is conditional to consult accounting vouchers,and put forward to build system of forensic accounting,he shall make and clear definition for the "legitimate purpose" the proof of the company,draw lessons from foreign legal system at the same time,the introduction of refer to suit an alternative system that check the candidate as a system and the company the non-lawsuit procedure,in order to protect the interests of shareholders,and promote the healthy development of the company.Happily,December 20,2021,the National People’s Congress standing committee issued "the corporate law(revised draft)",the content of the accounting books of the access to power the larger changes,enlarged the scope of accounting books refer to the object of rights,suggests lawmakers concerned about the conflict of judicial practice,expecting that it will eventually pass,provide a basis for specification in the judicial practice.