What Are Shareholder Rights?
Shareholders rights (shareholders rights) refer to what rights and how and how to exercise the rights of one or more equity owners of corporate property in an enterprise registered under the Company Law. Compared to ownership, property rights, and investor rights, shareholder rights are the clearest and clearest rights. Shareholder rights are prescribed by law, so shareholder rights may differ in different countries; even in the same country, the shareholder rights of different types of companies are different. In China, shareholders are required by law to determine the company s operating policies and investment plans through shareholders meetings; in the United States, shareholders are generally limited to voting rights in open companies (equivalent to Chinese joint stock companies) by law Election of directors and adjustment of capital structure.
Shareholder rights
- Civil law tradition
- Shareholders 'rights or shareholders' equity is simply referred to as equity, which refers to various rights or all rights granted to shareholders by the company, and specifically refers to the right of shareholders to obtain economic benefits from the company and participate in the management of the company based on shareholder qualifications. Shareholders' rights include various rights and interests of shareholders and property and various rights and interests of internal operation and management of the enterprise. It is a comprehensive new independent right form that integrates the two rights of property and management.
- Shareholder status
- (1) According to the content of shareholder rights, it can be divided into self-interest rights and
- 1. What is the difference between a shareholders meeting and a shareholders meeting? Meetings between shareholders of a limited liability company are shareholders 'meetings; meetings of shareholders of a joint stock company are shareholders' meetings. The difference in the form of the company forms the difference between a shareholders 'meeting and a shareholders' meeting.
- 2. What should I do if the investment ratio and the shareholding ratio are inconsistent?
- There are many such cases. How can a company have a registered capital of 1 million, A invests 200,000 for 10% of the equity, and B invests 800,000 for 90% of the equity, how to operate, and how to file it with the Industrial and Commercial Bureau?
- In the charter, it is clearly agreed that:
- Each shareholder exercises the shareholders' rights under the company law, such as voting rights, dividend rights, increased subscription rights to registered capital, preferential purchase rights when transferring capital, and distribution rights of remaining property:
- A exercises the equity at 10% and B exercises the equity at 90%.
- And in the articles of association, the clauses such as "shareholders' meetings are exercised by shareholders in accordance with the proportion of capital contribution", "in the case of equity transfer, the right of purchase shall be exercised in accordance with the respective proportion of capital contribution at the time of transfer", etc.
- At present, in Haidian District, Beijing, it is free to record inconsistencies between the proportion of capital contribution and the proportion of shareholding in the company's articles of association, and the industrial and commercial bureaus in other regions will depend on the situation.