Study On The Shareholders Inquiry Right In Limited By Share Ltd

In the Modern Corporation management, due to the increasing separation of ownership and management, the business decision-making power are master in the management of the company’s hands, generally most of the shareholders do not directly involved in the daily operation and manage the company. Most of the shareholders are usually in a weak position, it is difficult to protect the shareholders rights into effect. In our company law, although shareholders inquiry right provisions are not specific, protection is not enough, in order to remedy the defects of shareholder’company information, in order to make up the difference between shareholders and company management information, strengthen the supervision of the management company, shareholders have the right to put into the practice, it is necessary to establish a fully and effectively information channels, inquiry right should be the one of the channels, so research the shareholders inquiry right is very necessary.Throughout each country’s legislation, almost all the provisions of the Limited by Share Ltd’ shareholders should have the inquiry right, and the limited by Share Ltd is inseparable. Limited by Share Ltd is a typical capital company, which is based on the amount of capital as the basis of credit, Company transaction relative person do not care about shareholders’personal credit, they concerned about the company’s credit and the strength of the company, and the limited liability company based on the shareholders of personal credit, it is a typical human company, therefore, the Limited by Share Ltd was superior to limited liability company. In the legislation of all countries in the world, at the same time, most of them admit the form of a limited liability company, limited partnership company’ shareholders inquiry right, however, the Limited by Share Ltd is the dominant, the limited by Share Ltd have tens of thousands of shareholders, this leads to the general meeting of shareholders collective will on defects, for example, when a company announcement is not clear, or on the company’ management behavior have objection, they need management’requirements. Shareholders want to depend on the shareholders’ collective action and produce a unity mean, it is almost impossible to restrain the company’s management, especially small and medium-sized shareholders in this respect is in capable of action. therefore, research on Limited by Share Ltd shareholders right is very meaningful.For clarity in this article, we only research the Limited by Share Ltd of shareholders, therefore, the description about shareholders inquiry right refers to the shareholders of the Limited by Share Ltd’ inquiry right.This article is divided into four parts, the first part mainly introduces the content of shareholders inquire right. Firstly, we briefly introduces the concepts of shareholders inquiry right, secondly, we briefly introduces the nature and function of shareholders, this paper argues that the nature of shareholders is the inherent right, usufruct and single shareholders right, thirdly, we introduce the history and the difference between the shareholders inquiry right and other rights, lastly, we discuss the legal basis for the right of shareholders, through the analysis of different theories about the scholars of shareholders, we think the legal basis of shareholder’s inquire right is the shareholder qualification.The second part is mainly about the legislation on the shareholders inquiry right in the foreign countries. The civil law countries(Germany, France, Japan) legislation about shareholders inquire right and the countries of Anglo American law system is briefly introduced, and compares its scope of rights, the right execution, legal relief and so on, in order to provide some reference to our Limited by Share Ltd shareholders inquiry right.The third part systematically analyzes the legislation present situation and deficiency of Limited by Share Ltd shareholders inquiry right in China, firstly expounds the present situation of legislation in our country about shareholders inquiry right, analyzes the shortcomings of shareholder’s inquiry right legislation in our country, points out that in our company law, it is not clearly stipulate the subject of right and obligations of shareholders, it is not clearly stipulate a right range, it is not clearly stipulate the time, the place and the way to the exercise of shareholders. And it is not clearly stipulate the legal relief way, this is because the lag of law.The fourth part discusses the perfection of shareholders inquire right, first introduces the realistic meanings of shareholder’s inquiry right, and then learn from foreign advanced legislation of some countries and combine with China’s specific conditions, let me try to put forward some reasonable suggestions, for example, define the subject and obligation of shareholders inquiry right, clear the scope of rights, clear the time, the place, the way of shareholders inquiry right and clear the legal relief of shareholders inquiry right, I hope to improve the corporate governance structure in a certain extent, so as to provide some reference for our future legislation.