[Master's Thesis] Minority shareholders protection in shareholding companies...

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NGUYEN HOANG THUY TRANG

MINORITY SHAREHOLDERS PROTECTION IN SHAREHOLDING COMPANIES
A COMPARISON BETWEEN VIETNAMESE ENTERPRISES LAW AND THE UNITED KINGDOM COMPANY LAW
SUPERVISORS:
Supervisor 1: Professor Christina Moell
Supervisor 2: Professor Bui Xuan Hai

Part 1. Introduction

1. 1 The need for this research
Minority shareholder protection is one of the fundamental concepts within the domain corporate governance. It has also become in recent years an important indicator for the World Bank when it evaluate a country’s business environment . Among many types of business, shareholding company is typically characterized by the separation between the ownership evidenced by the possession of shares and the management of the company.

Depriving from separation above, no shareholder especially a minority shareholder, is capable of directly participating in the managerial activities and supervision of the company in a significant and effective way. The minority shareholders are however investors in and also co-owners of the company and they do reserve the right to perform their rights and duties as shareholders. However, because of the typical characteristics of the corporate governance of a shareholding company, minority shareholders often challenge with the potentials of dual oppression and face unfair treatment from both the majority shareholders and the management. Consequently, their rights become unsubstantial and the position of their capital, too, is often abused by majority shareholders and damaged consequentially. Owing to their inherently weak position, the laws of most countries provide some protection for them. However, these provisions are not perfect and the more important point in the protection of minority shareholders is the mechanism for enforcing them. The reality in Vietnam has, in recent years indicated two concerns and problems: first, the legal provisions on minority shareholders protection are themselves defective and the enforcement is ineffective which also lead to negative results for such investors in particular and the business environment in general.
From the totality of issues relating to minority shareholders, the author selects the topic “MINORITY SHAREHOLDERS PROTECTION IN SHAREHOLDING COMPANY – A COMPARISON BETWEEN VIETNAMESE ENTERPRISES LAW AND THE UNITED KINGDOM COMPANY LAW” for her master thesis.

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[Master's Thesis] Minority shareholders protection in shareholding companies...

1 [Master's Thesis] Minority shareholders protection in shareholding companies... Sat Dec 24, 2011 10:57 pm

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