1. The Social Concept of Shareholder Voting
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Shareholder ,Voting ,media_common.quotation_subject ,Common law ,Plutocracy ,Commercial law ,Equity (finance) ,Corporate social responsibility ,Charter ,Business ,Law and economics ,media_common - Abstract
The variety of rules on shareholder voting in today's companies means that companies are distributing power among shareholders in various ways. However, our commercial law has regarded one share-one vote rule as mandatory provision. However, if you look at the history of shareholders voting from the beginning of the 19th century, you can see that this is not the case. In addition, In addition, despite the completely different concepts of shareholder equality and equity equality, many people have confused the two into the same concept, so far the theory of legislation and interpretation has been lost and confused. Common law in the United States and the United Kingdom has a tradition of one person-one vote rule, unless other voting rules are specified in the charter or other statutes. Behind the phenomenon lies the aversion to plutocratic voting rights, the philosophy that shareholders can have equal rights as members of corporate organizations rather than owners of part of capital, and the intention to limit voting rights to prevent power from being transferred to major shareholders. The current one share-one vote week rule rule allows companies that have lost their self-purification capabilities to corrupt and eventually collapse by expanding plutocracy and neglecting minority shareholders. Therefore, it should not discriminate against shareholders who are members of the general meeting of shareholders, the entity's best decision-making body, and who are the best monitors for protecting corporate interests. After all, shareholder equality has a social concept that prevents corruption and promotes growth by distributing power among shareholders through shareholder voting and protects shareholder as a window for corporate capital raising. And shareholder equality has an important meaning in modern society because it is closely related to corporate social responsibility. Therefore, I would suggest that Article 369 (1) of our Commercial Law should be changed to default rule and shareholder equality must be codified, and the system of prohibition of abuse of authority in Nordic countries should be introduced.
- Published
- 2021
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