Power restriction mechanism of Controlling Shareholders
Date Issued
2016
Date
2016
Author(s)
Wang, Tu-Chih
Abstract
Abuse of power by controlling shareholders is seriously problem of corporate governance in Taiwan. Controlling shareholders have abused their power and deprived of minority shareholders'' benefits. Besides, the existing elements of this provision are still deficient so that it doesn’t ensure minority shareholders’ rights effectively in Taiwan. Withour checks and balances environment, controlling shareholders may have motivations to deprive the interests of the minority shareholders. This problem is aggravated by the lack of effective legal mechanisms that restrict controlling shareholders liable. To figure out these difficulty, it is well worth taking the common law doctrine of controlling shareholders'' fiduciary duty＂toward minority shareholders into account. Consequently, this thesis will provide diversification from comparative corporate law regarding the issue of controlling shareholders'' fiduciary duty. It lays emphasis on protecting minority shareholders’ rights and encouraging them to supervise majority shareholders of corporation actively. It concludes the findings of the preceding chapters, proposing the recommendations on our Corporation Law amendment in the future.
Subjects
controlling shareholder
majority shareholders
shadow director
bona fide for the benefit of the company as a whole
the majority rule
fiduciary duty
Type
thesis
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