Protection Of Small And Medium - Sized Shareholders' Rights And Interests

When the limited liability company neglect to liquidate, the rights of minorityshareholders are violated badly. So, based on the analysis of law theories andpractices, the protection of minority shareholders should be stressed when thatcircumstance happened. In addition, more and more cases like that raised. Readingthrough the Company Law of PRC and related judicial interpretations, though thereare some effective articles that could protect the rights of minority shareholdersexisted, some rules still need to be refined. As a result, I decide to choose question tobe the subject of this paper. The whole paper include foreword, text and conclusion,of which the text contends the analysis, statues and suggestions of the protection ofminority shareholders when the limited liability company neglect to liquidate.Part one introduce the basic analysis of the protection of minority shareholderswhen the limited liability company neglect to liquidate, and it concludes three basicconcepts, that is, the neglect of liquidate, minority shareholders and rights andinterests. It also explains the nature of the neglect of liquidate. Making clear of thethree basic concepts and the nature of that behavior is the foundation of the paper.Also this part introduce the necessity of the protection when the company neglect toliquidate gradually from the prospect of jurisprudence, Company Law of PRC and thelimited liability company itself.Part two introduce the status of the protection of minority shareholders andanalysis the degree of the protection by sorting out articles of the Company Law ofPRC and related judicial interpretations. Concerning that more self-governing rightsare given to the limited liability company, this part also introduce the statue of theprotection of the minority shareholders by the articles of company.Part three introduce the advice of protection of the minority shareholders whenthe limited liability company neglect to liquidate. Based on the analysis of part two,this part introduce some suggestions to refine the protection. It contains two parts.One is the revision suggestion for the judicial interpretations â…¡ of theCompany Lawof PRC, the other is the amendment suggestion for the rules of the Company Law ofPRC and the Minute.