Font Size: a A A

Shareholder’s Right To Dividends-

Posted on:2013-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y R ZhouFull Text:PDF
GTID:2246330371976182Subject:Law
Abstract/Summary:PDF Full Text Request
How to distribute the profit of the company is the company autonomous internal matters,but based on efficiency of" Capital Majority Rule " is "double-edged sword", often holds the lifeblood of the resolution, resulting in the dividend rights of small shareholders often have been infringed. And as the core of the rights, it directly relates to shareholders whether to invest again and personal property right realization or not.Although China’s company law gives relative protection, some are the edge of the protection, such as the appraisal right of dissenters, confirmed as invalid or revoke lawsuit, and so on, are not directly set the specialized law to protect shareholder’s right to dividends.The company autonomy and judicial intervention is a natural encompasses, when the efficiency and fairness is obtained at the same time, we should pursue justice. The law should play a role of service at the end of private relief of one part person, it become shareholders at the end of a dose of medicine relief.Combined with the requirements of the development of contemporary company law, this paper put forward some reasonable measures to improve shareholder’s right to dividends, help to solve the distribution of the profits dispute cases in our real life.This paper is divided into four chapters, the first chapter, mainly from the basic theory of shareholders’rights, explained the basic concept, the principle of distribution rights of property and allocation of these basic theories, help to understand the value of the rights. Later, Through the analysis of the legal basis to protect shareholders’right to divideds affirmed the rationality of judicial intervention,and provided academic basis as well. The second chapter from the reality of our country, the author analyzes the present situation of dividends, and the cause of the infringement of the shareholders.Through a reflection on the relief system in our country,we found that our company law cannot direct achieve the purpose of getting dividends. Therefore, to perfect the shareholders after receive dividends lay the basis. The third chapter the empirical analysis of foreign dividends the right, through the analysis of the advantages of common law countries and civil law countries, legislation, the use of comparative law found that the lack of protection in China, has provided valuable experience for the future of China’s legislative perfect. The fourth chapter on the basis of summing up the foregoing legal loopholes, puts forward three perfect measures to make up for the defect,it not only improve the existing legislation,but also proposed a new solution to contribute to the protection of minority shareholders.
Keywords/Search Tags:Shareholder’s Right to Dividends, Corporate Autonomy, JudicialIntervention, Efficiency and Fairness
PDF Full Text Request
Related items