Financial Market Regulation of Shareholders’ Rights in Financial Holding Companies Beyond China
摘要
There is a sound rationale for regulating the rights of shareholders in FHCs in jurisdictions beyond China. This approach addresses not only the challenges posed by controlling shareholders in relation to related party transactions and interference in business decisions but also the vulnerabilities in the protection of minority shareholders’ rights and the multiple barriers to tort remedies. To achieve the regulation of shareholder rights in FHCs, appropriate measures should be adopted for controlling shareholders and minority shareholders. In terms of controlling shareholders, FHCs can limit the participation of controlling shareholders by limiting their control over the board of directors and by innovating voting systems. For minority shareholders, FHCs can use shareholder agreements and cross-border arbitration systems to achieve the goal of protecting minority shareholders’ rights.