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|Other Titles:||A Comparative Study of Shareholder Right of Conduct in an Electronic Environment: The Major Issues of Practice and Theory of in-Writing and E-voting in Shareholder Activism|
Electronic;Shareholders’ Meeting;Shareholder Activism;Voting Power;In-writing;Electronic Voting;Shareholders’ Proposal Right;the Nomination of Director Candidates;Proxy
|Issue Date:||2016-06-20 10:49:19 (UTC+8)|
The government has made amendments about the questions of dysfunction regarding shareholders’ meetings and conflict of meetings which affect shareholders’ rights. According to Company Act Article 177-1 I: The competent authority in charge of securities affairs, however, shall as necessary in view of the company’s scale, shareholder number, shareholder structure and other essential factors, require a company to adopt electronic transmission as one of the methods for exercising voting power. From this year, it has been made obligatory to use e-voting to ensure shareholder activism and improve the rights and freedom of small shareholders. With these amendments in mind, is it helpful to solve the questions mentioned above and implement shareholder activism? In the context of the E-era, this study is based on the relevant procedures of electronic shareholders’ meetings in Taiwan and on the case in which the Japanese government amended the law to vitalize the functions of shareholders’ meetings by implementing electronic shareholders’meetings, and discusses cases of legislation in Taiwan and Japan, respectively. By comparing and studying E-voting systems under the shareholder activism in both countries, this study tries to understand whether the relevant amendments which include assembling, notifying and shareholders’ rights to propose a motion meet the requirements of encouraging shareholders to attend the meetings. Especially in an electronic environment, for the purpose of implementing shareholder activism and deepening corporate governance, this study analyzes and examines how shareholders’ meetings can function well and how to amend the deficiencies of the relevant legislation.
Chengchi law review
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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