Research On Shareholder Protection Of Limited Company Directed Capital Reduction

Capital,the survival of the company;Capital reduction is about capital operation.The capital reduction system of the theoretical and practical circles pays more attention to the protection of the interests of creditors,but seldom pays attention to the internal interest disputes,especially the protection of shareholders’ rights and interests.In recent years,the practice of directed capital reduction has gradually developed in the developed areas of Chinese economy,and the cases of irregular directed capital reduction damaging the interests of shareholders have occurred from time to time.Among them,the cases of controlling shareholders infringing the interests of non-controlling shareholders through directed capital reduction for personal purposes account for a certain proportion.By summarizing the judgment gist of typical cases of targeted capital reduction,this paper finds that the protection of non-controlling shareholders’ interests mainly includes the following aspects: the resolution method and effectiveness of targeted capital reduction are controversial;Non-controlling shareholder protection rules are missing;Non-controlling shareholder relief channels exist obstacles.By analyzing the above problems one by one,this paper thinks that it should be improved from three aspects: determining the mode and effect of directed capital reduction,clarifying the majority decision subject and way of responsibility for directed capital reduction,and unblocking the relief path of non-controlling shareholders on the basis of meeting the requirements of the current company law...