中小股东的权益行使——以中远海控为例

Exercise of rights and interests of minority shareholders——Taking COSCO Haikong as an example

随着我国市场经济的发展,对于中小股东权益保护的重视程度也越来越高,证监会也积极设立中证中小投资者服务中心(以下简称“投服中心”)等机构为中小股东自主维权提供服务。但因第二类代理问题的存在,使得中小股东在权益行使中常常处于劣势地位。本文以中远海控中小股东联合3%股权向董事会进行提案为切入点,深入关注到中小股东对自己权益的行使和维护。并将通过投服中心进行权益行使的中小股东与中远海控中小股东自发性行为进行对比,加深了中小股东自主权益行使的重要性。

Exercise of the rights and interests of minority shareholders-Take COSCO Haikong as an example. With the development of China’s market economy, the importance of the protection of the rights and interests of minority shareholders is becoming higher and higher. The CSRC has also actively set up institutions such as CSI small and Medium Investors Service Center(hereinafter referred to as "investment service center") to provide services for the independent rights protection of minority shareholders. However, due to the existence of the second kind of agency problem, minority shareholders are often at a disadvantage in the exercise of their rights and interests.This paper takes COSCO Sea Holding’s minority shareholders’ joint 3% equity proposal to the board of directors as the starting point, and pays in-depth attention to the exercise and maintenance of their own rights and interests by minority shareholders. It also compares the spontaneous behavior of minority shareholders exercising their rights and interests through the investment service center with that of COSCO marine control, which deepens the importance of the exercise of minority shareholders’ independent rights and interests.