Volume 30, Issue 1, 2021
DOI: 10.24205/03276716.2020.2067
Analysis of Controlling Shareholders' Influence and Abuse of Legal Regulation from the Perspective of Comparative Company Law
Abstract
In today's corporate governance structure, the controlling shareholders and directors, as controllers, have legal basis for controlling the company. But this "legitimate" control right is often abused. Combined with the legal provisions and practical cases, this paper holds that only by forming an effective prevention and control system to control the abuse of shareholders' rights from the aspects of entity protection, procedural relief and government supervision can we better stabilize the internal structure of the company and promote the development of the capital market. We should also attach importance to the function and significance of indirect regulation adopted in company law, consider complex scenarios such as enterprise groups and mergers and acquisitions, and consolidate the theoretical basis to adjust the extension of the system in order to build a more perfect and effective regulation of controlling shareholders.
Keywords
Company law; Controlling shareholder; Legal regulation; Right of action