New Path of Amending the Capital Majority Decision
Cai Yi-b
Abstract
Cai Yi-b
Abstract
Though the rule of the Capital Majority plays a cornerstone role in the company's operation of the process,but in the process of corporate practice,due to inherent conflict between controlling shareholders and minority shareholders,resulted in the controlling shareholder bullying or getting large profits on small risk.It is not conducive to the company's long-term operation and development.Analyzes the legal basis of the majority rule,and then come to the conclusions of two solutions to this problem: to cultivate equity culture within the San Miguel,the second is to strengthen the fiduciary obligations of the controlling shareholder so that construct a relatively fair theory system and use of the balance between the two to restrict the controlling shareholders,thus achieving a maximum possible balance between the controlling shareholders' and minority shareholders' rights.
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Though the rule of the Capital Majority plays a cornerstone role in the company's operation of the process,but in the process of corporate practice,due to inherent conflict between controlling shareholders and minority shareholders,resulted in the controlling shareholder bullying or getting large profits on small risk.It is not conducive to the company's long-term operation and development.Analyzes the legal basis of the majority rule,and then come to the conclusions of two solutions to this problem: to cultivate equity culture within the San Miguel,the second is to strengthen the fiduciary obligations of the controlling shareholder so that construct a relatively fair theory system and use of the balance between the two to restrict the controlling shareholders,thus achieving a maximum possible balance between the controlling shareholders' and minority shareholders' rights.
Key concepts: Shareholder, Fiduciary, Equity (law), Business, Corporate law, Capital (architecture), Balance (ability), Equity capital