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Research On The Protection Of Small And Medium Shareholders' Rights And Interests From The Perspective Of Capital Majority Decision

Posted on:2020-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhuFull Text:PDF
GTID:2416330647953741Subject:Law
Abstract/Summary:PDF Full Text Request
Capital majority refers to a joint-stock company or a limited company that manages the affairs of the company and has the right to vote according to the number of shares it holds,and according to the principle of equity equality.The capital majority must reflect the nature of the company's assets.The company's purpose is to make profits.The capital majority must play an important role in the management of the company's internal affairs among the large companies.This is of great significance for efficient management decisions.However,there are inevitably many problems.The "Company Law" has greatly changed the situation in which major shareholders abuse their voting rights.By avoiding the system,reforming the voting system,and improving the exit mechanism of shareholders,the rights of small and medium-sized shareholders have been protected to a certain extent.However,it should be recognized that the use of affiliated transactions or the use of its dominant position by major shareholders,to the detriment of the interests of small and medium-sized shareholders still exist.Through analyzing the voting position of minority shareholders in the company system,and analyzing the influence of minority shareholders under the capital majority system,In the process of reflecting the active investment of minority shareholders,the decision-making power of major affairs,and the mechanism of minority shareholders 'withdrawal,the impact on the minority shareholders and other issues.Protection of minority shareholders 'rights from the perspective of capital majority.Through three parts,the first part mainly analyzes the source of the rights and interests protection of minority shareholders and the phenomenon that the majority shareholders harm the rights and interests of minority shareholders,and analyzes the vulnerability of minority shareholders to infringement.The second part mainly analyzes the legislative content of the "Company Law" on the protection of the rights and interests of small and medium-sized shareholders through the way of the middle and small shareholders 'rights and interests relief at the present stage and the related voting system.The third part of this paper analyzes the significance of capital majority determination and the protection of minority shareholders 'rights,and how to improve capital majority determination and balance minority shareholders and major shareholders at present.Through the above analysis to discuss the current stage of China's small and medium-sized shareholders 'rights and interests protection problems and should be improved content.
Keywords/Search Tags:stockholder's equity, Capital majorities, Abuse of the right to vote, Protection of shareholders 'interests
PDF Full Text Request
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