Improving Legal Remedies for Shareholder Oppression in Chinese Limited Liability Companies
This article aims to improve the legal remedies for shareholder oppression in limited liability companies. Starting from the current situation of the shareholder oppression mechanism in limited liability companies and combining with the revision of the third draft of the Company Law Amendment Bill, this article adopts the methods of literature research, case analysis, and comparative law to study. Through the review and analysis of relevant literature, case analysis, and comparison of domestic and foreign legal systems, the main contents include:
First, this article points out that the problem of shareholder oppression in China's limited liability companies is prominent, and the existing legal remedies system needs to be adjusted and improved. By reviewing the concept of shareholder oppression and analyzing the causes and typical situations of shareholder oppression, this part aims to comprehensively understand the issue of shareholder oppression and its impact on corporate governance.
Second, through the analysis of the current situation of the remedies for shareholder oppression in China, this article points out the shortcomings and proposes an ideal arrangement for the remedies for shareholder oppression. The author classifies the remedies for shareholder oppression into remedies for infringement of individual rights of minority shareholders and remedies for long-term infringement of minority shareholders' rights, and analyzes which remedies should be arranged to solve corresponding problems.
Finally, based on the revision of the third draft of the Company Law Amendment Bill and the previous analysis of the current situation and ideal arrangement of remedies for shareholder oppression in China, this article puts forward corresponding improvement suggestions for pre-agreed arrangements, shareholders' right to know, requests for distribution of surplus, share repurchase, and judicial dissolution of companies.
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