Protection of Parent Company Shareholders

• Main Authors: Yuting Kao, 高御庭
• Other Authors: 蔡英欣
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/51787343538540504461

碩士 === 國立臺灣大學 === 法律學研究所 === 102 === This thesis provides a theoretical research about legal issues and corresponding solutions with regard to protection of parent company shareholders in law of corporate groups. In statutory law, there have been no rules for protection of parent company shareholders in current corporate laws, while some scholarly discussions mentioned the special status parent company shareholders have and the necessity to protect them. Focusing on issues about protection of parent company shareholders in corporate groups, this thesis attempts to find the nature of such issues through comparative legal analysis. By comparative researches on Taiwanese and Japanese corporate law sytems and theories, this thesis considers that, in corporate groups, the rights of parent company shareholders are being reduced or even nullified substantially by the single corporation--&;#8208;&;#8209;oriented model, and hence there could be a necessity to recover their reduced rights. This thesis also provides several possible solutions to the issues in major aspects of shareholder rights, such as voting right, inspection right, and right to bring derivative suit. This thesis has come to the conclusion that, in doctrinal interpretation of current corporate laws, the protection of parent company shareholders shall be fulfilled to the greatest extent, and appropriate solutions shall be imported with future amendments of corporate laws.