1. What is the principle of shareholder equality?
1. The principle of shareholder equality requires that unfair treatment shall not be carried out among company members and opposes bullying of the weak by the strong, thus constituting the prevention interests of the company law The basic principle of conflict, on which other specific norms are prerequisite. The principle of shareholder equality is expressed as the principle of "same shares, same rights, same shares, same benefits." Same shares, same rights, mainly means that the same shares have the same voting rights, and same shares, same benefits, mainly reflect the distribution of dividends and residual property according to the shareholding ratio. Provisions;
2. Legal basis: Article 151 of the "Company Law of the People's Republic of China"
Directors, supervisors and senior managers; that is, infringement of the company If the legitimate rights and interests cause losses to the company, qualified shareholders can also file a shareholder representative lawsuit. This should include any natural person or enterprise that infringes on the company's interests, such as major shareholders, actual controllers, or debtors who illegally appropriate the company's assets.
2. The principle of shareholder equality includes the following meanings
1. The legal personality of all shareholders is equal, and the nature and type of rights they enjoy based on their status as shareholders are the same;< /p>
2. All shareholders have equal rights to expect returns from the assets they invest in the company, and the law should maintain and protect shareholders’ expectations;
3. In the actual operation of the company, shareholders’ rights There are differences in the status of exercise, but this difference can change based on the voluntary increase or decrease of the shares held by shareholders;
4. This equality requires that controlling shareholders cannot obtain share income through any special channels Additional benefits other than those provided cannot alone make up for the loss of one’s own share income in any way. The principle of shareholder equality is the basic criterion for adjusting the rights and obligations between a company and its shareholders, and between shareholders. It applies to all legal relationships between shareholders and the company based on their shareholder qualifications, and to all independent and specific claims arising based on their shareholder qualifications. Debt relationships should also follow the principle of equity among shareholders.