股东名册查阅制度
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关乎多方利益 A股股东名册查阅制度仍待完善
Zheng Quan Shi Bao· 2025-09-19 22:20
Core Viewpoint - The new Company Law, effective from July 1, 2024, allows shareholders to not only access but also copy shareholder information, raising concerns about the sensitivity of shareholder registers and the need for regulations to balance shareholder rights and company operations [1][4][8]. Group 1: Shareholder Rights and Regulations - The new Company Law stipulates that shareholders have the right to access and copy the company’s articles of association and shareholder register [1][4]. - Currently, only a few A-share listed companies have established a system for accessing shareholder registers, indicating a need for further market development to balance shareholder rights and company operations [1][4]. - There are discrepancies among listed companies regarding the interpretation of shareholder access to the shareholder register, with some allowing access to personal holding information only, while others permit broader access [4][5][9]. Group 2: Case of Shareholder Dispute - A notable incident involved a well-known investor, Xie Kai, who claimed to have faced verbal abuse from a lawyer while attempting to access the shareholder register of *ST Lihang, highlighting tensions between shareholders and company representatives [2][3]. - Xie Kai, known for his significant investments and past successes, has shown interest in various Sichuan-listed companies, although he was not listed among the top shareholders of *ST Lihang as of mid-2025 [2][3]. Group 3: Access Methods and Company Policies - Companies have varied policies regarding how shareholders can access the shareholder register, with some requiring in-person visits and others allowing remote access after verifying shareholder identity [5][7][10]. - Certain companies, like *ST Lihang, require shareholders to sign confidentiality agreements and provide proof of ownership before accessing the register, emphasizing the importance of protecting sensitive information [7][10]. - The establishment of internal regulations by companies, such as the one by Chuangyuan Xinke, aims to provide clear guidelines for accessing and copying shareholder registers while ensuring confidentiality [10]. Group 4: Balancing Interests - The potential for conflicts arises from the sensitive nature of shareholder registers, necessitating a balance between shareholder rights and the operational efficiency of companies [8][9]. - Legal experts suggest that unrestricted access to shareholder information could lead to unfair practices, advocating for a structured approach to managing shareholder inquiries [8][9]. - Recommendations include defining the boundaries of access to shareholder registers and implementing measures to protect sensitive data while ensuring fair market practices [9].
关乎多方利益A股股东名册查阅制度仍待完善
Zheng Quan Shi Bao· 2025-09-19 18:03
Core Viewpoint - The new Company Law, effective from July 1, 2024, allows shareholders to not only access but also copy shareholder information, raising concerns about the sensitivity of shareholder registers and the need for regulations to balance shareholder rights and company operations [1][4]. Group 1: Shareholder Rights and Regulations - The new Company Law stipulates that shareholders have the right to access and copy the company’s articles of association and shareholder register [1][4]. - Currently, only a few listed companies have established a system for accessing shareholder registers, indicating a need for further market work to balance shareholder rights and company operations [1][4]. - There are discrepancies among listed companies regarding the interpretation of shareholders' rights to access the shareholder register, with some companies allowing access to personal holding information only, while others permit broader access [4][5][9]. Group 2: Case of Shareholder Dispute - A well-known investor, Xie Kai, faced verbal abuse from a lawyer representing a listed company when he attempted to exercise his right to access the shareholder register, highlighting tensions between shareholders and company representatives [2][3]. - Xie Kai, who has a significant presence in the capital market, has shown interest in various listed companies, although he was not listed among the top shareholders of *ST Lihang as of mid-2025 [2][3]. Group 3: Access Methods and Company Policies - Companies have varied policies regarding how shareholders can access the shareholder register, with some requiring in-person visits and others allowing remote access after verifying shareholder identity [5][7][10]. - Certain companies mandate that shareholders sign confidentiality agreements and provide proof of ownership before accessing the register, emphasizing the importance of protecting sensitive information [7][10]. Group 4: Balancing Interests - The issue of accessing shareholder registers involves balancing the rights of shareholders with the operational needs of companies and the fairness of securities trading [8][9]. - Legal experts suggest that unrestricted access to shareholder information could lead to unfair practices, advocating for regulations that require shareholders to demonstrate legitimate purposes for accessing such information [8][9].