Protecting Minority Shareholder Rights: Evaluating the Effectiveness of Legal Frameworks in Promoting Shareholder Democracy

  • Amal Singh Patel and Devansh Tripathi
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  • Amal Singh Patel

    Student at Amity Law School, Lucknow, India

  • Devansh Tripathi

    Student at Amity Law School, Lucknow, India

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Abstract

As corporate governance has come under increasing scrutiny in recent years, there has been growing concern about the protection of minority shareholder rights in companies. Minority shareholders often lack the power and influence of larger shareholders, leaving them vulnerable to exploitation and unfair treatment. This legal research paper aims to evaluate the effectiveness of legal frameworks in promoting shareholder democracy and protecting minority shareholder rights. Through a comprehensive review of relevant literature and analysis of case studies, this paper seeks to identify the strengths and weaknesses of current legal frameworks and propose recommendations for improvement. The paper begins by examining the historical development of shareholder rights and the legal framework for protecting these rights in different jurisdictions. It then delves into the challenges faced by minority shareholders in exercising their rights, including unequal access to information and limited opportunities to participate in decision-making processes. The paper also examines the various legal tools available to minority shareholders, including shareholder activism, derivative lawsuits, and statutory protections. Through a comparative analysis of legal frameworks across different jurisdictions, this paper evaluates the effectiveness of these tools in promoting shareholder democracy and protecting minority shareholder rights. Ultimately, this paper proposes recommendations for strengthening legal frameworks to better protect the rights of minority shareholders, including greater transparency and disclosure requirements, stronger statutory protections, and increased opportunities for shareholder participation in decision-making processes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1748 - 1771

DOI: https://doij.org/10.10000/IJLMH.114567

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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