1. Shareholders' Identity Right The Company Law stipulates that after the establishment of a limited liability company, a capital contribution certificate shall be issued to shareholders; A limited liability company shall keep a register of shareholders. 2. The right to participate in decision-making The Company Law stipulates that the shareholders' meeting of a joint stock limited company shall be composed of all shareholders. The shareholders' meeting is the authority of the company. Shareholders attending the shareholders' meeting shall have one vote for each share they hold. The resolution of the shareholders' meeting must be passed by more than half of the voting rights held by the shareholders present at the meeting. However, the resolutions of the shareholders' meeting to amend the Articles of Association, increase or decrease the registered capital, and the resolutions of the company's merger, division, dissolution or change of corporate form must be adopted by more than two thirds of the voting rights held by the shareholders present at the meeting. 3. Selection and Supervision of Managers' Rights The Company Law stipulates that the shareholders' meeting may elect directors and supervisors according to the provisions of the articles of association or the resolutions of the shareholders' meeting, and the cumulative voting system may be implemented. 4. Right to return on assets The Company Law stipulates that when a company distributes the after-tax profits of the current year, it shall allocate 10% of the profits to the company's statutory common reserve fund, and 5% to 10% of the profits to the company's statutory public welfare fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn. If the statutory reserve fund of the company is insufficient to make up for the company's losses in previous years, the profits of the current year shall be used to make up for the losses before the statutory reserve fund and statutory public welfare fund are withdrawn in accordance with the provisions of the preceding paragraph. After the company withdraws the statutory reserve fund from the after-tax profits, it may withdraw any reserve fund upon the resolution of the shareholders' meeting. The remaining profits of the company after making up the losses and withdrawing the provident fund and statutory public welfare fund shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares held by shareholders of a joint stock limited company. 5. Withdrawal of stock rights The Company Law stipulates that in any of the following circumstances, the company may be requested to purchase its shares: the company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in the Company Law; The merger, division or transfer of the company's main property; When the business term stipulated in the Articles of Association expires or other reasons for dissolution occur, the shareholders' meeting will adopt a resolution to amend the Articles of Association to make the Company survive. 6. Right to Know The Company Law stipulates that shareholders have the right to consult the company's articles of association, shareholders' register, corporate bond stubs, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports, and make suggestions or questions on the company's operation. 7. The right to propose, convene and preside over the interim meeting of the shareholders' meeting. The Company Law stipulates that if the board of directors fails to perform or fails to perform the duties of convening the shareholders' meeting, the board of supervisors shall convene and preside over it in time; If the Board of Supervisors fails to convene and preside over the meeting, shareholders who have held more than 0/0% of the shares of the company/KLOC-0 for more than 90 consecutive days may convene and preside over the meeting by themselves. 8. Priority to accept and subscribe for new shares The Company Law stipulates that under the same conditions, other shareholders have the priority to purchase the capital contribution that shareholders agree to transfer; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. The Company Law stipulates that the shares held by shareholders can be transferred according to law. Shareholders shall transfer their shares in a legally established securities exchange or in other ways stipulated by the State Council. Shareholders' rights can be divided into two categories: property rights and management participation rights. The former includes the rights of shareholders' identity, income from assets, preferential acceptance and subscription of new shares, transfer of capital contribution or shares, while the latter includes the rights to participate in decision-making, selection, supervision and management of human rights, proposal, convening and presiding over extraordinary shareholders' meetings, knowledge, proposal and convening and presiding over extraordinary shareholders' meetings. Among them, property right is the core and purpose of shareholders' capital contribution, and management participation right is the means and necessary way to ensure shareholders to realize property right.
Legal objectivity:
Whether it is a joint-stock company or a limited company, shareholders enjoy the right to return on assets, participate in major decision-making and choose managers according to law. This is the basic provision on shareholders' rights in China's Company Law (see Article 4 of the Company Law). However, based on the humanization, closeness and small scale of limited companies, the company law allows such companies to freely agree on many terms, while joint-stock companies have the characteristics of capital cooperation, openness and large scale, and the company law has many restrictive provisions for such companies. Therefore, the specific contents of shareholders' rights of joint-stock companies and limited companies are not the same. 1. The shares held by shareholders of a joint stock limited company who have obtained the right to prove their identity are in the form of shares. Therefore, the stock in the hands of shareholders is the most powerful evidence to prove their identity. According to the company law, the shares of a joint-stock company can be registered shares or bearer shares. In other words, the names of shareholders may not be recorded in the stock, and the names of shareholders may not be recorded in the company's register of shareholders. As long as they have the shares issued by the company, they are shareholders. Therefore, the company cannot use the names of shareholders who are not recorded in the register of shareholders to fight against the shareholders. However, in practice, some joint-stock companies are not standardized in operation, some have not delivered shares to shareholders, and some have not even printed official shares at all. In this case, the sponsors' agreement, the articles of association, the certificate of share payment, the register of shareholders and the registration documents can be integrated to confirm that they are qualified as shareholders, and shareholders can also request the court to require the company to fulfill its share delivery obligations. For the shares of listed companies, due to the paperless form, the form of proof that shareholders hold shares is the stock registration of the central securities registration company. Therefore, stock trading records can prove the identity of shareholders. If shareholders sue the company for the delivery of shares, the court will not support it. Second, the right to know According to the provisions of Article 98 of the new Company Law, shareholders of joint-stock companies have the right to consult.