The Discussion Of The Legal Status Of Minority Shareholders In The Articles Of Incorporation

Minority shareholders are shareholder groups,which are relative to controlling shareholders.It has practical significance to discuss the legal status of minority shareholders in the articles of incorporation under the social background that minority shareholders week situation is concerned increasingly.The company law is not a law used for protecting the week,and it is of positive significance to make use of the articles of incorporation to restore the balance of interests between minority shareholders and controlling shareholders.The articles of incorporation is an important document. Free attribute of the articles of incorporation can supply a legal platform to minority shareholders for protecting interests. Minority shareholders and controlling shareholders have equal legal status in the articles of incorporation,but equa in legal status doesn't mean absolute equality of rights and obiligations.The articles of incorporation doesn't violate the principle of shareholder equality,when it make favorable tilt to minority shareholders properly in certain limits.It conforms to China's legislative spirit,also it is necessary and feasible.Minority shareholders can do beneficial practice with three different nature of the legal norms of the company law in the articles of incorporation by making use of proviso clauses. AS for mandatory terms,minority shareholders can make reified, specific and strict interpretation in their favor; for supplementary terms, they can exclude the application and stipulate rights and obligations that favor themsevles in the articles of incorporation; with regard to empowerment terms, they can state rights and obligations favourable to themselves more freely.