Viewpoint... Can the company's shareholders claim the right to know the company after they lose their shareholder status?
Published:
2021-12-24
In my opinion, if a company's shareholders lose their shareholder status, they cannot claim the right to know about the company's relevant information after the loss of shareholder status, but they should still have the right to know about the company's information before the loss of shareholder status, for the following reasons: (1) The right to know of shareholders, as the name implies, is the right of the shareholders of the company to know based on their qualifications as shareholders, and the exercise of the shareholders' right to know cannot be separated from the identity of the shareholders of the company. Once the shareholders of the company lose their qualification as shareholders, they also lose the status of exercising the right to know. Therefore, after the loss of shareholder status, the company can no longer claim to the company the right to know the relevant information of the company after the loss of shareholder status. (2) If a shareholder of a company loses his qualification as a shareholder, although he cannot claim the right to know the relevant information of the company after the loss of his qualification as a shareholder, he should still have the right to know the information of the company before the loss of his qualification as a shareholder. Because this information is closely related to the benefits it should receive as a shareholder of the company. In particular, section 165 of the Companies Act provides for the obligation of the company to serve the company's financial and accounting reports to shareholders, and if the company fails to perform these obligations in a timely manner, the company is obliged to perform even if the shareholder has lost his or her shareholder status. (3) Assuming that the company provided false information or concealed true information to the shareholders before they lost their qualifications as shareholders, then the company's actions have constituted a tort and violated the shareholders' right to know. If at this time to deny the withdrawing shareholder's right to know about the company's information before the loss of shareholder status, it is obviously the connivance of the company's tort, but also damage the legitimate rights and interests of the withdrawing shareholder.
In my opinion, if a company's shareholders lose their shareholder status, they cannot claim the right to know about the company's relevant information after the loss of shareholder status, but they should still have the right to know about the company's information before the loss of shareholder status, for the following reasons:
(1) The right to know of shareholders, as the name implies, is the right of the shareholders of the company to know based on their qualifications as shareholders, and the exercise of the shareholders' right to know cannot be separated from the identity of the shareholders of the company.Once the shareholders of the company lose their qualification as shareholders, they also lose the status of exercising the right to know. Therefore, after the loss of shareholder status, the company can no longer claim to the company the right to know the relevant information of the company after the loss of shareholder status.
(2) If a shareholder of a company loses his qualification as a shareholder, although he cannot claim the right to know the relevant information of the company after the loss of his qualification as a shareholder, he should still have the right to know the information of the company before the loss of his qualification as a shareholder.Because this information is closely related to the benefits it should receive as a shareholder of the company. In particular, section 165 of the Companies Act provides for the obligation of the company to serve the company's financial and accounting reports to shareholders, and if the company fails to perform these obligations in a timely manner, the company is obliged to perform even if the shareholder has lost his or her shareholder status.
(3) Assuming that the company provided false information or concealed true information to the shareholders before they lost their qualifications as shareholders, then the company's actions have constituted a tort and violated the shareholders' right to know.If at this time to deny the withdrawing shareholder's right to know about the company's information before the loss of shareholder status, it is obviously the connivance of the company's tort, but also damage the legitimate rights and interests of the withdrawing shareholder.
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