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Shareholders' Rights

2008/12/16 16:45:00 41944

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According to the fourth provision of the company law, the shareholders of a company enjoy the right to gain assets, participate in major decisions and choose managers.

Shareholders are the investors of a company. After the shareholders have invested their property in the company, they will have a share in the company's investment.

Shareholders' equity is mainly reflected in the right to return assets and the right to participate in the company's major decisions and the choice of managers.

The right of assets income refers to the right of shareholders to obtain dividends from the company in accordance with their share of the company's investment through the company's earnings distribution.

Dividends are the main purpose of shareholders' investment. Any shareholder must have the right to distribute dividends to the company as long as shareholders fulfill their obligations in accordance with the provisions of the articles of association or shareholders' agreement.

Generally speaking, the shareholders of a limited liability company shall share dividends according to their contribution ratio; the shareholders of the Limited by Share Ltd shall share dividends according to the proportion of shares held by them.

According to the needs of practice, the new company law has expanded the freedom of shareholders' agreement and articles of association in the distribution of dividends, stipulates that shareholders should share dividends according to the proportion of capital contribution or shareholding ratio, except that shareholders' agreement or articles of association do not distribute dividends in accordance with the above principles.

Participation in a company's major decision-making power means that the shareholders make decisions on the company's major acts by voting at the shareholders' meeting or shareholders' meeting and by the resolution of the shareholders' meeting or shareholders' meeting.

The company's major actions include: changes in the company's capital, such as increasing or decreasing registered capital; the company's financing activities, such as issuing corporate bonds, the company's external investment, providing guarantees to others, purchasing or pferring major assets, changing the main business of the company, and so on.

Some of these rights can be authorized by the shareholders' meeting or shareholders' meeting without violating the mandatory provisions of the law.

The right to choose a manager is the right of a shareholder to elect a company's director and supervisor through a shareholder meeting or a general meeting of a general meeting.

The right to choose managers also includes determining the remuneration of managers.

The separation of ownership and management rights and the absence of investors' participation in business are the trend of the development of the modern company system. Especially for Limited by Share Ltd, shareholders as investors, the right to make major decisions and managers should be made through shareholders' meetings, and shareholders have no right to decide.

In order to improve the operating efficiency of the company, the rights of the shareholders' meeting should be limited, and shareholders and shareholders' meetings should not interfere with the company's general business decisions.

In accordance with the provisions of the company law, the shareholders of the company include the following specific rights, including the following specific rights: the right of distribution of the company's remaining assets, the right to subscribe for new shares, the right to pfer shares according to law, the right to vote and the right to vote, the right to know, the right to propose the shareholders' meeting, the right to raise objection and the right to withdraw from the resolutions of shareholders' meetings.

Editor: vivi