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Research On Shareholders’ Through Exercise Inspection Right

Posted on:2014-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2256330401477988Subject:Economic Law
Abstract/Summary:
As the economy develops rapidly, the company has become the dominant formof modern enterprises. As the power of the company grows quickly, we know that theshareholders are companies’ investors. For that reason, they share the interests of thecompany. Owning to the separation of operation right and ownership, shareholdersdon’t need to manage the company affairs all by themselves. As a result, shareholdersmay rarely know the specific operating conditions of the company and the realmanagement information. The acquisition of information is an important footholdrelated to shareholders’ business decisions. With timely integration and analysis ofmanagement information, shareholders measure the risk of their own investmentdecisions. Such information distribution in practice usually calls for shareholders’inspection right.Under the current corporate structure, we could not ignore the power of thesubsidiary. There is inseparable economic interest connection between subsidiary andthe parent company. Shareholders’ equity of the parent company is closely linked withthe specific operation and management status of the subsidiary. This paper is based onthe shareholder inspection rights. According to current legislation, we are unable tofind direct legal norms supporting the parent company shareholders through exerciseinspection right. Therefore, in order to find out effective protection for parentcompany shareholders’ equity and the method through exercise the subsidiary level. We focus on the parent company shareholders’ through exercise inspection right.Comparative analysis and historical analysis are used in this paper. Besides theintroduction and the conclusion, this paper consists of three parts.The first part, analyze the origin and properties of the shareholders’ inspectionright. And on this basis, we discuss the theoretical foundation of the parent companyshareholders’ through exercise inspection right, supporting the feasibility. The secondpart refers to the United States and Japan legislation regulations in shareholders’through exercise inspection rights, analyze the extraterritorial legislation condition.The third part aims at the exercising shareholders’ inspection right in our country’sactual situation, put forward relevant suggestions to make up for the legislative gap.As the limits of resources and persona ability, the discussion in this paper is just onthe surface, related suggestions also need follow-up for further research.
Keywords/Search Tags:Shareholder’s right of inspection, Pass-throughexercise principle, Proper purpose, Empanel inspector system
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