| Separation of company ownership and management of the modern corporate system, thecompany is operated by the board of directors, shareholders only entitled to the equity, whenshareholders obtain sufficient information that their equity can be protected, and shareholders’right to inspect books and records is the core intent of the rights of shareholders to information.Extraterritorial Company Law of the more developed countries or regions established the systemof shareholder books right very early. In2005, the company law provides shareholder’s right ofinspection, which is a great progress in the history of corporate legislation, but specifications arenot detailed enough and the right can not be easily operated, then causes a lot of uncertainty to theshareholders of the limited liability company, has brought challenges to the judicial practice. Thearticle introduces the concept, the nature, and the meaning of the right to inspect books and records,then introduce the operation conditions of the right to inspect books and records in thecombination of accounting knowledge, introduce the abnormal shareholders’ right to inspect booksand records and the last part is the suggestion to improve shareholder’s right to inspect books andrecords of a limited liability company. This article is divided into four parts.The first part is an overview of the shareholder books right of access. First introduced thebasic concept of the shareholders of a limited liability company books the right of access, by itsvery nature a brief analysis and, finally pointing to the significance of the introduction of booksright of access system.The second part is the element to exercise the right. This part introduces the inspection scopeand duration of exercise conditions and exercise restrictions. In the part of the inspection scope,clarifies the accounting documents shall be included. In the part of the exercise conditions andrestrictions, introduces the definition of "improper purpose" and the objective requirements for theexercise of access rights.The third part is the access to the right of limited liability company "special shareholders"books. Right of access disputes for the judicial practice, a large number of "special shareholders’books, this section references to the case in the judicial practice, were defective shareholder, anonymous shareholders, new shareholders, former shareholders, the shareholders of multipleidentities, mother and shareholders of the Company six kinds of different identities "specialshareholders" could enjoy the books right of access to a detailed analysis of the final draw separateconclusions.The fourth part is the suggestion to improve the shareholders’ right to inspect books andrecords of the limited liability company. On legislation, suggests from the triple of the main bodyof the exercise, improper purpose, accounting documents included in the scope of inspection andthe introduction of the check the candidates for any system to make recommendations. On judicial,suggests that the pre-litigation procedures shall be weakened and the litigation preservation shallbe improved. |
