Comparison of Legal Regulations of Controlling Shareholders Abusing Influence Between the Company Laws of China, Japan and Hong Kong

DOI

10.2991/assehr.k.211020.185How to use a DOI?

Keywords

Company law, Controlling shareholder, Comparative law

Abstract

Controlling shareholders often drive the companies to serve for their personal interests through voting rights, personnel arrangement and other influences, which leads to damages to the benefits of the company and minority shareholders. Therefore, preventing controlling shareholders from abusing their influence has always been an important task for different jurisdictions. At present, China has established a relatively systematic mechanism against the influence abuse by controlling shareholders. However, there are still some problems, such as small scope of protection, lack of regulatory effectiveness, high relief threshold and so on. Hong Kong and Japan provide creative resolutions for this issue. On the basis of case law, Hong Kong has expanded the scope of punishment for controlling shareholders’ abuse of influence in statute law. Japan tries to establish an indirect regulatory system to build a good relationship between controlling shareholders and other shareholders. Although there are great differences among these three jurisdictions, this paper intends to make a comparison of their relevant legal regulations to contribute to China’s current restriction system, instead of reconstructing China’s current regulatory system. On the one hand, it helps to strengthen the advantages of China’s direct regulatory mechanism. On the other hand, it can broaden the theoretical basis and extension of the current legal system of China.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Huashan Lin
PY  - 2021
DA  - 2021/10/21
TI  - Comparison of Legal Regulations of Controlling Shareholders Abusing Influence Between the Company Laws of China, Japan and Hong Kong
BT  - Proceedings of the 2021 International Conference on Public Relations and Social Sciences (ICPRSS 2021)
PB  - Atlantis Press
SP  - 381
EP  - 385
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211020.185
DO  - 10.2991/assehr.k.211020.185
ID  - Lin2021
ER  -