A Legal Study Of Shareholders' Right To Know In Limited Liability Companies

Shareholders' right to know means that the law gives shareholders the right to know about the company's operation and the business activities of directors and executives by consulting the company's financial reports,account books and other relevant information about the company's operation,decision-making and management,and asking questions related to the above.Shareholders' right to know is a right system,which is not a single right enjoyed by shareholders but a right system.It consists of a series of rights,such as the right to consult the articles of association,the minutes of the shareholders' meeting,the right to consult the company's accounting report and the right to consult the resolutions of the board meeting.Although the shareholders' right to know is becoming more and more perfect with the perfection of the Company Law,the basic right of the right to know is still hindered in practice.Whether it has "improper purpose" or "whether it has been fulfilled before" is always the focus of controversy in trial practice.Whether the exercise of the right to know will affect the business secrets of the company is also a question that shareholders are often questioned when exercising the right to know.Whether the applicant is qualified as a shareholder,whether the shareholders with defective capital contribution,non-competing shareholders and proxy shareholders can exercise the right to know,and whether the exercise of the right is restricted are also common problems in the trial.If there is no clear standard for these problems,these problems will not only put pressure on the administration of justice,but also lay hidden dangers for the transfer of shareholders' equity in limited companies,and then adversely affect the market economy.Starting from the theory,combined with cases in trial practice,this paper will focus on exploring the boundaries of the above issues,and finally sum up more accurate and abiding legal requirements.In foreign legislation,there are also many places worth learning from.We can take the essence and transplant it to our actual national conditions to improve our legal system.Of course,rights are not borderless,and lawsuits about shareholders' right to know in practical cases are increasing year by year,which has no positive effect on the development of market economy.Clarifying shareholders' right to know is also a lateral restriction to shareholders' right to know,knowing the scope and limits of rights,allowing shareholders to supervise well within the scope of rights and keeping a distance from trade secrets.I hope that through theoretical research and case analysis,we can find the boundary of shareholders' right to know through theory guiding practice and practice reacting to theory.