Protecting Minor Shareholders in Close Corporation – Focusing on Mechanisms of Breaking through Deadlock and Resisting Oppression

• Main Authors: CHANG, YUNG-HAN, 張詠涵
• Other Authors: CHANG, HSIN-TI
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/f789pt

碩士 === 國立臺北大學 === 法律學系一般生組 === 104 === In 2015, the selection of the organization to open the limited partnership and closely-held corporations in Taiwan. It reflects the enterprise according to their needs and abilities to opt the standard and compulsory criterion or is suited to their own particular needs, selects adopt a more flexible mode of contractual arrangements. The business activities in the company, which through the majority rule consent to results of operations, however, because the operating principle of majority rule shareholders is mired in difficulties. In fact, shareholders or directors have an impact on decisions but disputes with each other resulting in it could not be settled by the principle of majority rule. When major shareholders control all of the decisions of the firm, overriding the minority's contentions, and oppress the minor shareholders’ interests by the principle of majority rule. Moreover, because the lack of an available market for the shares shareholders in closely-held corporations may more vulnerable to the dilemma than shareholders in publicly-held corporations. Indeed, the plight of corporate deadlock or oppression can be preventing or resolve through advance planning arrangements or judicial relief. Therefore, these issues start by introducing legislation of England and American, synthesized how to distinguish between corporate deadlock and oppression, and break through corporate deadlock and resisting oppression through advance planning arrangements or judicial relief. Beside, synthesized the legislation and judicial opinions in Taiwan and commented on its disadvantage, then proposed suggestions for improving legislation. Look forward to having a deeper understanding of corporate deadlock or oppression, and have perfect mechanisms to improve the plight faced by the shareholders, then it can create a better business environment in Taiwan.