On The Inquiry Right Of Shareholders In Corporation Limited By Shares

"Company Law"98,151provides that the shareholders have the right to inquire the company, but does not provide for shareholders to exercise the body, time, occasion and manner. Shareholders question the content may be related to the fundamental interests and trade secret information, company law, not the shareholders question the right to make appropriate restrictions, resulting in shareholder may the right to abuse leading to the interests of the company suffered losses. Therefore, on the inquiry right of shareholders was very necessary.Shareholders in accordance with the drama of different standards, can be divided into different types. Analysis of the right of nature, known the right is a solid right, a total of beneficial rights and minority shareholder rights. Can be seen through access to Germany, France, Japan and other countries of the provisions of the shareholders to question the right of some foreign countries there is no limit on the subject of rights of the right to exercise, but China’s shareholders question the right to exercise the right of the main body should be made to certain restrictions. Because the exercise of the shareholders of these countries the right is limited to the general meeting of shareholders, the paper analyzes shareholders in general meeting during the intersessional period to exercise. If the shareholders’ inquiry exercise the right not to be restricted,the right can be exercised during the recess of the general meeting of shareholders, Could lead to shareholder abuse of rights. Under the premise of holding time and a limited proportion of non-voting shareholders, the shareholders of the agent of the pledgor and pledgee, after pledging of shares entitled to question the right. By drawing on the relevant legislation of some developed countries, the analysis of the relevant provisions of the developed countries, the main obligations of the shareholders question the right to exercise, come to the main obligations of the shareholders question the right to exercise the board of supervisors, senior management, company sponsors, the controlling shareholder, the actualcontroller, the liquidation group and the company’s actual business layer with related interests and to act as auditors of the Company’s accounting firm.Shareholders may also be in the shareholders’meeting held during the general meeting of shareholders intersessional right to the exercise question. During the shareholders meeting and want to exercise the question the right of the shareholders before the meeting should require the appropriate time to submit matters to the requirements in response to inquiries in response to inquiries obligations and the Board of Supervisors, until the general meeting of shareholders held in the General Assembly in response to inquiries face to face question obligorrequired in response to inquiries. A consultation obligations did not attend the general meeting of shareholders, this time may reflect the superiority of the Board of Supervisors as a shareholder question the right to exercise the permanent establishment. The exercise of shareholders in general meeting of shareholders is not in session question expedient provisions of the month a particular day, because this provision prevents a day have shareholders to question, to avoid the board of supervisors struggling to cope. Shareholders to exercise the question the right way there are two kinds of writing and the network approach. The scope of the right should make the necessary restrictions, because shareholders can question any of the matters of the company, most likely to damage the interests of the company."Company Law" provides only for the shareholders entitled to the right, but did not require shareholder question the right by which remedies against available. This paper discusses the remedies against the right of shareholders question the mandatory consultation of the complaint, withdraw the complaint of defective resolution of the shareholders’ meeting, and Compensation for Damages against. Against Infringe the shareholders inquiry right by other means of relief, including to improve the information disclosure system, and the system of the Shareholders’ Association, the introduction of the check the candidates for any system, the introduction of the survey so that way.