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Journal articles on the topic 'Rights of the shareholders'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Fegyveresi, Zsolt. "Shareholders' Right to Information − A Comparative Analysis of Hungarian and Romanian Company Law." Acta Universitatis Sapientiae Legal Studies 9, no. 1 (2020): 39–62. http://dx.doi.org/10.47745/ausleg.2020.9.1.03.

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"This study examines one of the basic rights of shareholders, the right to information in Hungarian and Romanian company law. The right to information is a non-property, organizational right originating from the shareholder’s membership right, which is related to the convening of the general meeting of the company limited by shares and the voting right that can be exercised there. The right to information is the individual right of the shareholder and the individual obligation of the company. The right to information belongs to all shareholders, regardless of the extent of their fi nancial con

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2

Černá, Stanislava. "Ochrana menšinových akcionářů v obchodním zákoníku." AUC IURIDICA 44, no. 2 (2020): 115–30. https://doi.org/10.14712/23366478.2025.262.

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Act No. 142/1996 Coll. amending the Commercial Code strengthened the minority shareholders’ protection. The individual shareholders’ rights can be affected in various ways. These can be a limitation of the shareholder’s capacity to participate in the company control and asserting its will, consequent change of the rights attached to the share, change in the proportion of the individual shareholder’s share to the registered capital of the company or the net commercial capital, a decrease of the share price and a weakened minority shareholders’ position as a result of the acquisition by a certai

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3

Goto, Gen. "Legally "Strong" Shareholders of Japan." Michigan Business & Entrepreneurial Law Review, no. 3.2 (2014): 125. http://dx.doi.org/10.36639/mbelr.3.2.legally.

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Foreign investors often criticize Japanese corporations for not paying enough attention to the interests of their shareholders. It might surprise these critics, then, to learn that shareholders’ legal rights under the Japanese Companies Act are actually quite strong. Indeed, many of the rights that shareholders’ rights advocates often support, including shareholders’ power to alter a corporate charter without board consent, shareholders’ power to control dividend payments, majority voting for board elections, shareholders’ power to replace the board of directors, and shareholder access to a co

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4

Madžarov Matijević, Sara. "PRAVNA NARAV PRAVA NA OBAVIJEŠTENOST U DIONIČKOM DRUŠTVU." Pravni vjesnik 41, no. 1 (2025): 111–27. https://doi.org/10.25234/pv/30792.

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The shareholders’ right to information enables shareholders to ask questions and seek information about the company’s affairs from the management, ensuring active shareholder participation and informed decision-making. This paper aims to examine its legal nature on both theoretical and practical levels. Methodological treatment includes, on the one hand, an analysis of legal sources and case law, and on the other hand, an analysis of the regulatory approach of EU member states’ legislators in regulating this institute, aiming to understand the legal nature of the right to information to better

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5

Armour, John. "Shareholder rights." Oxford Review of Economic Policy 36, no. 2 (2020): 314–40. http://dx.doi.org/10.1093/oxrep/graa005.

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Abstract ‘Shareholder rights’ are the legal entitlements of shareholders vis-à-vis companies in which they invest. A large body of research has sought to investigate how shareholder rights foster accountability of controllers. The concern has been that without accountability, managers and dominant shareholders will use their power to further their own interests at the expense of outside investors. A contrasting concern is that strengthening shareholder rights may come at the expense of other parties, which may also lead to misallocation of corporate resources. A recently-emerging body of resea

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6

Zheng, Xixi, and Hasani Mohd Ali. "The role of dual-class share structures, shareholders’ engagement and corporate governance on unequal voting rights: A comparative study of China, Malaysia, and Germany." Economics and Finance Letters 12, no. 2 (2025): 198–214. https://doi.org/10.18488/29.v12i2.4182.

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The shareholders’ voting rights have been a significant element in ensuring organizational success. This aspect demands greater emphasis from researchers and policymakers. Hence, the primary aim of this study is to examine the impact of dual-class share structures, shareholder engagement, and corporate governance on unequal shareholders’ voting rights in publicly listed companies in China, Malaysia, and Germany with a particular focus on the moderating role of regulatory pressure. The study collected empirical data from shareholders of publicly listed companies through structured questionnaire

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7

Su, Kun, and Peng Li. "The Effects Of Ultimate Controlling Shareholders On Debt Maturity Structure." Journal of Applied Business Research (JABR) 29, no. 2 (2013): 553. http://dx.doi.org/10.19030/jabr.v29i2.7656.

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Using a balanced panel data of 915 Chinese listed firms, this paper studies the effect of ultimate controlling shareholders on debt maturity structure by adopting random effect model. Our results show: the larger the ultimate controlling shareholders cash flow rights, the higher the cost of expropriating outside investors by ultimate controlling shareholder, and can reduce the agency costs of debt financing, so banks are willing to provide more long term debt funds for the firms. Ultimate controlling shareholders cash flow rights are positively related to debt maturity structure. The larger th

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8

Susilowati, Isabella Henny, and IPutu Sugiartha Sanjaya. "PENGARUH KEPEMILIKAN ULTIMAT TERHADAP KEINFORMATIFAN LABA PADA PERUSAHAAN MANUFAKTUR YANG TERDAFTAR DI BEI." MODUS 27, no. 1 (2016): 13. http://dx.doi.org/10.24002/modus.v27i1.565.

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Ultimate ownership is ownership directly and indirectly in public companies to identify the ultimate owners of public Vendor. Ultimate owner has the right greater control of cash fow rights is called the controlling shareholder. This causes problems between controlling shareholders and non-controlling shareholders, which will afect earnings informativeness. Informativeness proft is profit information that could afect stock returns. This study uses the 149 companies listed on the Stock Exchange in 2004-2009. Te data used in this study is proft and equity in the annual fnancial statements, as we

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9

Zhou, Tingting. "Partial privatization, control rights of large shareholders and privatized shares transfer." Nankai Business Review International 9, no. 4 (2018): 472–99. http://dx.doi.org/10.1108/nbri-11-2017-0060.

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Purpose The partial privatization of state-owned enterprises (SOEs) is a dynamic process. The main feature of this process lies in not only gradual and sequential privatizations but also privatized shares transfer. For partially privatized SOEs, the introduction of private sector ownership is not the end of the story because the previously introduced private owners may choose to leave the SOEs by transferring the privatized shares after privatization, a process that is called “privatized shares transfer”. This paper aims to investigate the determinants of privatized shares transfer (PST) from

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10

Kwon, Sang-Ro. "A Study on Virtual Shareholders' Meetings under the German COVID-19 Pandemic-related Act." Legal Studies Institute of Chosun University 29, no. 3 (2022): 103–33. http://dx.doi.org/10.18189/isicu.2022.29.3.103.

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With the Act on Measures in Corporate, Cooperative, Association, Foundation, and Home Ownership Law to Combat the Effects of the COVID-19 Pandemic, virtual shareholders' meetings were temporarily held in Germany. Overall, shareholders' participation in general meetings increased. However, shareholders' right to speak and ask questions was not guaranteed, raising the issue of infringement of shareholders' rights and the risk of resolution cancellation at general shareholders' meetings. Besides, there has been skepticism about continuing to hold virtual shareholders' meetings after the end of th

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11

Ueda, Junko. "Shareholders’ access to company’s information: Towards ensuring shareholders’ monitoring right and minority shareholders’ protection." Corporate Ownership and Control 6, no. 4 (2009): 20–27. http://dx.doi.org/10.22495/cocv6i4p2.

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This article aims to revisit how minority shareholders’ right to company’s information can be secured under Japanese company law to execute their substantial rights (to collect proxies, to sue management, etc.) particularly in the process of mergers and acquisitions. Section I overviews the structure of shareholders’ monitoring rights under Japanese company law against their historical background. Section II focuses on the shareholders’ rights to company’s information and its significance amongst shareholders’ rights and its linkage with other shareholders’ rights. Section III analyses leading

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12

Ouerfelli, Ahmed. "La protection des actionnaires minoritaires En droit tunisien des sociétés." Yearbook of Islamic and Middle Eastern Law Online 13, no. 1 (2006): 107–33. http://dx.doi.org/10.1163/22112987-91000167.

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Abstract The Law on the Economic Initiative, promulgated on December 27th, 2007, amended several laws at the same time. Among these laws, is the modifi cation of certain provisions of the Commercial Companies Code of November 3rd, 2000. The Law aims at the impulse of the creation and the transmission of fi rms. In the field of company law, it reinforces the rights of shareholders in limited companies, listed or not, and abolishes the minimum capital, required for the constitution of limited liability companies. It also allows the shareholders to have a contribution in services (apport en indus

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13

Smitiukh, Andrii. "The grounds of the shareholder’s withdrawal from the limited liability companies and legal entities of the similar corporate forms: the comparative legal aspect." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 188–92. http://dx.doi.org/10.36695/2219-5521.1.2020.38.

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The article presents the result of comparative legal studies of the grounds of the shareholder’s withdrawal from the limited liability companies as well as legal entities of the similar corporate forms provided by the laws of some countries (namely Armenia, Belarus, Belgium, Czech Republic, the Netherlands, Poland, Russian Federation, Switzerland, Turkey, Ukraine and the United Kingdom). It is concluded that in most legal systems the ground of the withdrawal is a set of facts composed of the main element – the declaration of will of the shareholder to terminate the corporate relationship of pa

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14

Alcock, Alistair. "SHAREHOLDERS RIGHTS." Denning Law Journal 20, no. 1 (2012): 253–54. http://dx.doi.org/10.5750/dlj.v20i1.337.

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Robin Hollington QC, 5th ed, (Sweet & Maxwell, London 2007) Hardback ISBN 9781847030221 £155Now in its fifth edition, this work by a leading practitioner in the area has become very well established. Despite its name, it covers a wide area, setting possible shareholder claims in the general framework of company law, separate legal personality, the statutory contract, majority rule and a quite detailed look at directors’ duties.

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15

Shchoka, S. V. "Shareholder rights in Ukraine: some protection mechanisms and corporate relations." Uzhhorod National University Herald. Series: Law 2, no. 85 (2024): 68–72. http://dx.doi.org/10.24144/2307-3322.2024.85.2.9.

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This article provides a detailed analysis of the establishment and protection of shareholders’ rights in Ukraine, which is an important component of corporate governance and the country’s development. The protection of shareholders’ rights ensures the stability of financial markets and contributes to attracting investments. The legal status of shareholders, their rights, and obligations play a crucial role in the functioning of joint-stock companies. The primary way to acquire shareholder status is by purchasing shares on the stock market, as well as through the transfer of shares via inherita

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16

Ritika, K. "Pre-emptive Rights of Shareholders: An Indian Perspective." Business Law Review 44, Issue 1 (2023): 44–51. http://dx.doi.org/10.54648/bula2023002.

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Pre-emptive rights are legal relationships either created by a statute or through a contract. By the exercise of these rights, priority is given to the right holder over and above others as regards the potential acquisition of the relevant subject matter. Only upon refusal by such right holder, is this opportunity given to a third party to negotiate. In India, the statutory pre-emptive rights of a shareholder in a company have been recognized statutorily through the Companies Act, 2013, as well as by the extant security exchange laws. Whereas, in the case of contractual pre-emptive rights, the

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17

Chen, Anlin, Lanfeng Kao, and Yi-Kai Chen. "Agency Costs of Controlling Shareholders' Share Collateral with Taiwan Evidence." Review of Pacific Basin Financial Markets and Policies 10, no. 02 (2007): 173–91. http://dx.doi.org/10.1142/s021909150700101x.

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Controlling shareholders' share collateral is a new source of the deviation of cash flow rights and control rights leading to minority shareholder expropriation. However, controlling shareholders' share collateral is not forbidden and has not received particular restriction leading to its popularity in the capital markets. Neglecting the potential agency costs resulting from controlling shareholders' share collateral would hurt the interests of creditors and minority shareholders. We need legal regulation on controlling shareholders' share collateral to reinforce corporate governance mechanism

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18

Norboyevich, Saidov Maksubbek, and Saidov Maqsudbek Norboyevich. "FEATURES OF THE RIGHTS AND OBLIGATIONS OF SHAREHOLDERS OF COMPANIES (LLC AND JSC)." American Journal of Political Science Law and Criminology 05, no. 01 (2023): 15–22. http://dx.doi.org/10.37547/tajpslc/volume05issue01-03.

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The article discusses the specifics of the rights and obligations of shareholders in business companies, the search for some problems in the exercise of their rights and ways to overcome them, ways to protect the rights of participants, including judicial protection and a legal mechanism for out-of-court settlement of disagreement between participants. The author discusses the basic rights of shareholders, ways to exercise them, as well as the obligations of shareholders in terms of scientific literature and the doctrine of Uzbek law. The author comes to the conclusion that a shareholder who h

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19

Emanuella, Hamanda Tiara. "Perlindungan Hukum Pemegang Saham Minoritas PT (Persero) dalam Pembentukan Anak Perusahaan BUMN." MLJ Merdeka Law Journal 2, no. 2 (2021): 100–109. http://dx.doi.org/10.26905/mlj.v2i2.7166.

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BUMN (Persero) is regulated in UU 19 of 2003 on BUMN. BUMN hold 50% or more of share as a major controlled, the minority share can be owned by other parties with IPO mechanism. BUMN is including the subject of Law Number 40 of 2007 on Limited Liability Company, which specifically regulates the rights of shareholders. However, the problem is related to when the BUMN carrying out its business activities establishes a subsidiary based on the decision of the GMS, where the majority shareholder who is the largest shareholder is on the side of him, which makes the rights of the minority shareholder

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20

Duynstee, D. J. F. F. M., T. Drenth, and A. C. W. Pijls. "Shareholder Activism and ESG: From Locust to Green Knight? A Perspective from the Netherlands." European Company and Financial Law Review 22, no. 1 (2025): 42–69. https://doi.org/10.1515/ecfr-2025-0002.

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42 In this article, we will answer the questions (i) what is the role and what are the rights of activist shareholders under Dutch law, (ii) how these rights relate to ESG developments, and (iii) whether the associated changes in shareholder activism will affect the existing negative image of activist shareholders and their limited rights. We will examine all of this against the backdrop of recent developments – both legislative and practical – around ESG and the broad public support for it. In other words: will the pendulum, that in recent years has placed the power in the company in the hand

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21

Park, In-Ho. "Confirmation of shareholders and exercise of shareholder rights." Institute for Legal Studies Chonnam National University 41, no. 1 (2021): 161–83. http://dx.doi.org/10.38133/cnulawreview.2021.41.1.161.

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22

Horáček, Tomáš. "Osoby oprávněné k výkonu práv spojených s akcií a majetková práva akcionářů." AUC IURIDICA 44, no. 2 (2020): 99–113. https://doi.org/10.14712/23366478.2025.261.

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Section 155 (1) of the Commercial Code defines a share as a security with attached shareholder’s rights which he is entitled to exercise in relation to the company. The shareholder is considered not only as the owner of the share – the scripture act incorporating subjective rights – but also as a member of the public limited company. Consequently, the identification of the shareholder is essential for ascertaining who enjoys the rights, or who is subject to obligations, attached to the share. The answer to this question varies according to the nature and the form of the share. In the case of a

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23

Lingmin, Xie. "Ultimate ownership structure and capital structure: evidence from Chinese listed companies." Corporate Ownership and Control 13, no. 4 (2016): 297–306. http://dx.doi.org/10.22495/cocv13i4c2p3.

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This study investigates the impact of the ultimate corporate ownership structure, particularly the divergence of ultimate controlling shareholder’s control rights and cash flow rights, on the capital structure decisions among firms listed in Chinese market where the legal protection for creditors and minority shareholders is weak. I find that firms with a wider divergence between the ultimate controlling shareholder’s control rights and cash flow rights have significantly higher leverage level of capital structure. I also identify factors that affect this relation, including state ownership, i

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24

Emanuella, Hamanda Tiara. "Perlindungan Saham Minoritas PT (Persero) dalam Pembentukan Anak Perusahaan BUMN." MLJ Merdeka Law Journal 3, no. 1 (2022): 47–57. http://dx.doi.org/10.26905/mlj.v3i1.7929.

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BUMN (Persero) is regulated in Law Number 19 of 2003 concerning BUMN. In practice BUMN (Persero) is subject to Law Number 40 of 2007, which regulates the rights of shareholders. However, when the Persero BUMN established a subsidiary based on a GMS decision, where the majority shareholder sided with it, which made the rights of minority shareholders neglected. The aim of the research is to analyze the pattern of protection for minority shareholders of PT (Persero) according to the corporate legal system and legal remedies for minority shareholders in protecting their rights to action. This res

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25

Djordjevic, Marija. "Corporate management: Ownership, control and shareholders' rights." Privredna izgradnja 48, no. 3-4 (2005): 211–29. http://dx.doi.org/10.2298/priz0504211d.

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In spite of extent of economy development in one country, every corporation faces up with same problems connected with corporate governance. Problems are ownership, shareholders rights and control. The way to acquire ownership is by buying shares of company. Ownership is connected with making essential decisions in corporation like changing statute of firm, allowing new stock market flotation, etc. There are two types of ownership: widespread or dispersed ownership and concentrated ownership. Dispersed ownership is characteristic of Anglo-Saxon countries (United Kingdom and United States) wher

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26

Nuhu, Mohammed, Halilu Bello Rogo, and Mohammed Umar Danladi. "Investigating the Influence of Shareholder Mechanisms on the Perceived Performance of Listed Firms in Nigeria." Review of Economics and Development Studies 4, no. 1 (2018): 79–89. http://dx.doi.org/10.26710/reads.v4i1.283.

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The current debate on the issues of shareholder rights to firm performance has grown as a topic of research both in the developed and emerging economy. There is serious concern regarding the effectiveness of the board transparency and accountability, company image and the rights of the shareholders in recent times. This paper investigated the influence of shareholders mechanisms on the perceived performance of listed firms in Nigeria. The study is guided byagency theory and supported by the stewardship theory. The questionnaire was used as an instrument for data collection. 247 questionnaires

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27

Zhao, Yifeng. "Research on the Protection of the Rights and Interests of Small and Medium-sized Shareholders under the Dual Shareholding Structure." Journal of Economics and Law 1, no. 2 (2024): 240–50. http://dx.doi.org/10.62517/jel.202414235.

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Against the background of shareholder heterogeneity, dual shareholding structure is gradually favored by more companies because it can better meet different investment needs. However, because the rights and interests of small and medium-sized shareholders are easily infringed by controlling shareholders' abuse of corporate control, dual shareholding structure naturally faces many risks and controversies. How to avoid the negative impacts of dual shareholding structure, so that the system can better serve the enterprise operation and economic development, has become a matter of great concern to

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28

Jun, JunYoung. "Shareholderʼs consent rights by contracts between firm and shareholders". Commercial Law Review 42, № 1 (2023): 47–99. https://doi.org/10.21188/clr.42.1.2.

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29

Johan, Suwinto, and Lou Yuan. "Reform of the Limited Liability Company Law for the Enforcement of Good Corporate Governance." Journal of Law and Legal Reform 4, no. 2 (2023): 211–34. http://dx.doi.org/10.15294/jllr.v4i2.65375.

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The presence of majority shareholders who also hold positions as public company executives leads to a conflict of interest due to their dual status. During the general meeting of shareholders, these shareholders have the power to endorse the work plans of the directors and commissioners. As per the limited liability corporation law, shareholders are responsible for appointing and dismissing directors and commissioners. This study aims to investigate the conflict of interest that arises when a majority shareholder serves as a director or commissioner, utilizing normative legal theory. The resea

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30

Houben, Robby. "Shareholder Rights and Responsibilities in the Context of Corporate Social Responsibility." European Business Law Review 27, Issue 5 (2016): 615–37. http://dx.doi.org/10.54648/eulr2016028.

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In this article the authors reflect in more detail on shareholder rights and responsibilities, highlighting two recent developments that could give rise to further debate, namely: shareholder’s activist conduct in the general meetings of systemic enterprises and shareholder responsibility as to voting without having an economic interest in the company in which the votes are casted (“empty voting”). Empty voting is problematic in that it allows parties to vote who do not or to a small extent bear the ultimate risk of a company. In doing so, it blurs the traditional ratio along the lines of whic

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31

Radović, Mirjana. "Critical analysis of the rules on shareholder identification in Serbian companies Act." Revija Kopaonicke skole prirodnog prava 4, no. 2 (2022): 9–31. http://dx.doi.org/10.5937/rkspp2202009r.

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This paper contains an in-depth analysis of provisions in the Serbian Companies Act that regulate the right of listed companies to identify their shareholders and final shareholders. These rules were adopted in 2021 with the aim to harmonize Serbian law with the law of the European Union, i.e., the Revised Shareholder Rights Directive 2007/36/EC (SRD II). The first part of the paper explains the problem of identifying shareholders of listed companies and analyzes the reasons for regulating this issue at the EU level and in Serbia. The central part of the paper deals with the right of a listed

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32

Romanenko, Volodymyr. "ОБМЕЖЕННЯ ПРАВА НА УЧАСТЬ В УПРАВЛІННІ ГОСПОДАРСЬКИМ ТОВАРИСТВОМ". Visnyk of the Lviv University. Series Law, № 77 (12 грудня 2023): 105–11. http://dx.doi.org/10.30970/vla.2023.77.105.

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The legal concept of «limitation of the right to participate in the management of a company» should be understood as narrowing the scope of such a right, imposing additional rules that impede its realization. The Constitutional Court of Ukraine states that such limitations are allowed in exceptional cases for the purposes of social necessity, solely on the basis of law and in compliance with the principles of justice, proportionality. The examples of legitimate limitation of the right to participate in the management of a company are the following: a joint-stock company’s preferred shareholder

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33

Diyan Ibaidah Ayogi, Chusnia Chusnia, and Sumriyah Sumriyah. "Perlindungan Hukum Hak Pemegang Saham Dalam Pembubaran Perusahaan Berdasarkan Undang-Undang Nomor 40 Tahun 2007." Jurnal Hukum dan Sosial Politik 1, no. 3 (2023): 111–24. http://dx.doi.org/10.59581/jhsp-widyakarya.v1i3.547.

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Company dissolution and legal protection of shareholder rights are regulated based on Law Number 40 of 2007 concerning Limited Liability Companies in Indonesia. The journal discusses the procedure for dissolving a company, the reasons for dissolving, and options for filing a lawsuit against the court for dissolving a company when a dispute arises between shareholders. The author emphasizes the importance of legal protection for shareholders and the need for clear regulations in the Indonesian Limited Liability Company Law. Normative legal research methods (normative legal research). The result

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34

Koutsias, Marios. "Shareholder Supremacy in a Nexus of Contracts: A Nexus of Problems." Business Law Review 38, Issue 4 (2017): 136–46. http://dx.doi.org/10.54648/bula2017021.

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This article focuses on shareholder supremacy and exclusivity derived from a view of the company as a nexus of contracts. The nexus of contracts theory is the dominant theory within English company law. It defines the company as a contract between private individuals. The shareholders and the company are recognized as the only parties to that contract. While corporate membership is reserved exclusively for shareholders, the rest of the stakeholders are viewed as external to the company. The article will question the theoretical and doctrinal validity of shareholder supremacy and exclusivity wi

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35

Lapina, Yuliya, Alexander Kostyuk, Udo Braendle, and Yaroslav Mozghovyi. "Shareholders rights and remedies (comparative law perspective)." Corporate Board role duties and composition 12, no. 3 (2016): 6–13. http://dx.doi.org/10.22495/cbv12i3art1.

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The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fi

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36

Zhang, Xinsheng, Jin Liu, Wenhao Zhu, and Haolan Li. "Research on the Legal System of Shareholders’ Rights Exercise for China’s State-owned Enterprises." E3S Web of Conferences 257 (2021): 02073. http://dx.doi.org/10.1051/e3sconf/202125702073.

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In the context of the new round of reform of China’s state-owned enterprises, the modernization of governance system and governance capabilities has put forward new requirements for Chinese central enterprises to exercise shareholders’ rights, which not only means value reconstruction, business restructuring and process reengineering, but also requires central enterprises to make positive responses in terms of corporate governance, group management and control, and shareholder exercise. This study effectively integrates corporate governance and group management and control, constructs a modern

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37

Wang, Qingwen. "Research on the Protection of Minority Shareholders' Rights in the Context of Major Shareholders' Expropriation: A Case Study of Pangda Group." Advances in Economics, Management and Political Sciences 157, no. 1 (2025): 8–15. https://doi.org/10.54254/2754-1169/2024.20641.

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In the context of the rapid development of the capital market and the frequent occurrence of expropriation incidents by major shareholders, this paper analyzes the process and methods by which the major shareholder of Pangda Group expropriates the listed company. Using event study methodology, the excess returns and cumulative excess returns are calculated to assess the negative impact of major shareholders' expropriation behavior on the capital market. The paper also proposes a series of suggestions for the protection of minority shareholders' rights under the expropriation of major sharehold

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38

SHYSHKOVSKYI, Bohdan. "Exit from the company as a means of resolving a deadlock situation in a Limited Liability Company." Economics. Finances. Law 5/2025, no. - (2025): 49–53. https://doi.org/10.37634/efp.2025.5.10.

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This paper explores the exit of a shareholder from a limited liability company as one of the effective mechanisms for resolving deadlock situations. The relevance of the topic stems from the rapid development of contractual business models, particularly the formation of joint ventures with equal shareholdings (50/50), where the absence of adequate mechanisms for resolving corporate conflicts may lead to a complete operational standstill. In such cases, the parties often find themselves unable to make key decisions, posing a direct threat to business continuity and the overall functioning of th

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39

Golden, Joanna. "The Effect of Shareholder Rights and Information Asymmetry on Stock-Option-Related Repurchase Activity." Review of Pacific Basin Financial Markets and Policies 21, no. 02 (2018): 1850013. http://dx.doi.org/10.1142/s0219091518500133.

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As stock-option holdings increase, managers alter their firms’ payout composition, choosing stock repurchases rather than dividends to return cash to shareholders. Prior research presents two competing explanations for this behavior: the flexibility hypothesis and the shareholder power hypothesis. In support of the flexibility hypothesis, I document that this executive stock-option incentive to repurchase stock as a substitute for dividends is stronger when firms have weak shareholder rights and when information asymmetry is severe. In addition, I find that option-induced repurchases are assoc

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Shchoka, S. V. "Legal regulation of the status of shareholders in corporate governance of Ukraine: analysis of key aspects and challenges." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 322–26. http://dx.doi.org/10.24144/2307-3322.2024.81.1.51.

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This article conducts a deep analysis of the administrative-legal regulation of shareholders’ rights in joint-stock companies in Ukraine. The main focus is on the classification of shareholders’ rights, which are divided into property and non-property rights. Property rights include the right to receive dividends, the right to a share in the liquidation of the company, while non-property rights include the right to vote at general meetings, the right to information, among others. The article thoroughly examines the role and significance of the general meeting of shareholders as the main

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Howton, Shawn D., Shelly W. Howton, and Victoria B. McWilliams. "The Ethical Implications of Ignoring Shareholder Directives to Remove Antitakeover Provisions." Business Ethics Quarterly 18, no. 3 (2008): 321–46. http://dx.doi.org/10.5840/beq200818326.

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Managers have a unique fiduciary responsibility to shareholders of a firm that implies a set of ethical obligations. At a minimum, managers are required to protect shareholder’s interests when other stakeholders are unaffected by their decision. This ethical imperative has been established in the literature. In cases of conflicts of interest between managers and shareholders, the board of directors of the firm has an ethical obligation to shareholders. The structure of the board can affect its ability to fulfill this obligation. Two specific cases where managerial actions have been argued to b

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Alzumai, Fahad A., and Fahad N. Alshammari. "Balancing Business Objectives and Shareholders’ Rights in Voluntary Delisting: a Comparative Analysis of Selected Legal Jurisdictions." Comparative Law Review 29 (December 4, 2023): 45–71. http://dx.doi.org/10.12775/clr.2023.002.

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Delisting a company from the stock market often negatively affects the interests of all related parties. For shareholders, the main detriment is their loss of the ability to trade and sell their shares on the open stock market. As voluntary delistings become a more prevalent market phenomenon worldwide, countries are seeking to implement regulatory protections during the process. The aim of this paper is to make a comparative analysis of the protection of shareholders during delisting across multiple jurisdictions including the United States, the UK, Germany, India, and Thailand that have adop

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Veličkovic, Jovana. "Pravo člana društva na naknadu refleksne štete: Uporedno-pravna i pozitivno-pravna analiza." Pravo i privreda 61, no. 3 (2023): 821–43. http://dx.doi.org/10.55836/pip_23307a.

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The subject of the analysis is shareholder’s right to compensation for reflexive loss that occurs in its property due to the deterioration of the action taken against the company. While most rights adopt the so-called principle of prohibition of compensation for reflexive loss, this right is recognized in investment arbitration disputes. The paper aimed to determine the position of Serbian law concerning the observed conflict of rights. In Serbian law, the shareholders may have the right to claim compensation for reflexive loss if such a claim follows the principle of integral compensation for

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Suresh, Kumar M. V., and Rao CH Lakshmana. "Legal Protection of Minority Shareholders under Corporate Governance Process." International Journal of Current Science Research and Review 04, no. 04 (2021): 308–16. https://doi.org/10.47191/ijcsrr/V4-i4-09.

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Abstract : In recent days, most of the corporate are failing in managing business effectively and the major cause for this is conflicts between majority and minority shareholders of the company which lead to direct or indirect destruction of business at the end. Even though, there are certain laws and provisions made for the sake of minority shareholders, those are enforced well and needs to make them as utmost safeguards to minority shareholders. In this paper, we will discuss the issues for conflict including rights of minority shareholders as well as roles and responsibilities of shareholde

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Shah, Syed Naveed Ul Hassan, and Yongqiang Li. "Shareholders engagement and annual general meetings of Australian listed companies: An empirical analysis of corporate governance." Journal of Governance and Regulation 14, no. 1 (2025): 206–17. https://doi.org/10.22495/jgrv14i1art19.

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The shareholders use their voting rights to voice their corporate concerns at annual general meetings (AGMs) (Hewitt, 2011) and shareholders’ meaningful engagement at AGMs is important (Australian Securities and Investments Commission [ASIC], 2018a, 2019). This study aims to empirically analyse shareholders’ engagement in corporate decision-making at AGMs of Australian listed companies. This study addresses the question of the magnitude of shareholders’ engagement in the corporate decision-making process by exercising their voting rights within Australian listed companies. Shareholders’ voting

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Shah, Syed Naveed Ul Hassan, and Yongqiang Li. "Shareholders’ voting behaviour and annual general meetings resolutions: Corporate governance implications." Journal of Governance and Regulation 14, no. 2, special issue (2025): 275–87. https://doi.org/10.22495/jgrv14i2siart6.

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The shareholders must be engaged at annual general meetings (AGMs) (Corporations and Markets Advisory Committee [CAMAC], 2012), and exercise their voting rights effectively (Commonwealth of Australia, 2008) because shareholders participate in corporate decision-making when they exercise their voting rights (Li & Ang, 2022; Lipton et al., 2023; Song et al., 2020; Van der Elst, 2004). This study empirically analysed shareholders’ voting behaviour at AGM resolutions. We studied AGMs of 122 sample Australian listed companies from 11 sectors and 3,382 resolutions categorised into 26 groups. The

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Reuter, Alexander. "Systematically Flogging the Wrong: EU Corporate Fines Violate the Fundamental Rights of Shareholders – The European Commission as Revenant of the Persian Great King Xerxes." European Business Law Review 32, Issue 4 (2021): 681–726. http://dx.doi.org/10.54648/eulr2021024.

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EU fines are imposed on companies, not managers. Economically, they hit the shareholders. Yet, the shareholders have typically not participated in the company’s wrongdoings, and corporate law often cuts-off shareholders from management. This article submits that the Commission’s corporate fines thus disproportionately restrict shareholders‘ rights under the EU Charter of Fundamental Rights: As corporate fines are manifestly unsuitable to reach their purpose, hit the wrong and hence do not „strike the right balance“, they are incompatible with the Charter. The increased significance of shares f

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Sheehy, Benedict. "Shareholders, Unicorns and Stilts: An Analysis of Shareholder Property Rights." Journal of Corporate Law Studies 6, no. 1 (2006): 165–212. http://dx.doi.org/10.1080/14735970.2006.11419950.

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Radomirovic, Ivana, and Amina Kajevic. "Proxy Voting at the General Meeting of a Public Joint Stock Company – General View and Possibility of Abuse." Pravo i privreda 60, no. 4 (2022): 802–22. http://dx.doi.org/10.55836/pip_22410a.

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This paper analyses proxy voting at the general meeting of a public joint stock company. Proxy voting is an important element in exercising the shareholder’s right to vote, the most important right of the shareholder. This article aims to analyse regulation of proxy voting, and possibility of its abuse through proxy solicitation, using a normative analysis of relevant regulations. Proxy solicitation is an issue that is becoming notable in the member states of the European Union, as it can serve for gaining a controlling influence in the company. Although Shareholders’ Rights Directive does not

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Jhunjhunwala, Shital. "Shareholders' Rights – An Overview." Indian Journal of Corporate Governance 4, no. 2 (2011): 47–51. http://dx.doi.org/10.1177/0974686220110205.

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