2009•Journal of Politics and LawOpen access

Discussion about Shareholders’ Right to Information

Jingyi Wang, Peng Wang

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Abstract

China’ Company law was amended in 2005, in which the Stockholders’ right to information has been protected much better than the last edition, for instance, confirming the shareholders right to consult the account books in the limited liability company. This new company law enhances shareholders’ rights to a large extent, and promotes the prosperity of capital markets and numerous investments. With the development of society, the law to protect the Stockholders’ right to information is gradually outdated, some issues such as the scope of shareholders right to consult the account book, the subject and object conditions, the procedure, and the judicial relieves are not covered by the revised law, which leaded to some disputes. This paper is trying to present some discussions towards these issues, and especially, focusing on the protection of shareholders’ inspection right of accounting books, which plays a fundamental role in the exercise of shareholders’ other rights. A strict law is one efficient way to protect shareholders’ rights; furthermore, bringing up a good stock culture will be more significant in a long term.

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China’ Company law was amended in 2005, in which the Stockholders’ right to information has been protected much better than the last edition, for instance, confirming the shareholders right to consult the account books in the limited liability company. This new company law enhances shareholders’ rights to a large extent, and promotes the prosperity of capital markets and numerous investments. With the development of society, the law to protect the Stockholders’ right to information is gradually outdated, some issues such as the scope of shareholders right to consult the account book, the subject and object conditions, the procedure, and the judicial relieves are not covered by the revised law, which leaded to some disputes. This paper is trying to present some discussions towards these issues, and especially, focusing on the protection of shareholders’ inspection right of accounting books, which plays a fundamental role in the exercise of shareholders’ other rights. A strict law is one efficient way to protect shareholders’ rights; furthermore, bringing up a good stock culture will be more significant in a long term.

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Available abstract

China’ Company law was amended in 2005, in which the Stockholders’ right to information has been protected much better than the last edition, for instance, confirming the shareholders right to consult the account books in the limited liability company. This new company law enhances shareholders’ rights to a large extent, and promotes the prosperity of capital markets and numerous investments. With the development of society, the law to protect the Stockholders’ right to information is gradually outdated, some issues such as the scope of shareholders right to consult the account book, the subject and object conditions, the procedure, and the judicial relieves are not covered by the revised law, which leaded to some disputes. This paper is trying to present some discussions towards these issues, and especially, focusing on the protection of shareholders’ inspection right of accounting books, which plays a fundamental role in the exercise of shareholders’ other rights. A strict law is one efficient way to protect shareholders’ rights; furthermore, bringing up a good stock culture will be more significant in a long term.

Key concepts: Shareholder, Business, Corporate law, Prosperity, Limited liability, Law and economics, Accounting, Shareholder resolution

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