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The rights of shareholders – basic principle of corporate governance by means of case-specific jurisprudence

Author

Listed:
  • Adrian Doru BÎGIOI

    (Bucharest University of Economic Studies)

  • Cristina Elena DUMITRU

    (Politehnica Bucharest University)

Abstract

Respecting shareholders’ rights represents one of the fundamental principles of corporate governance, underpinning the establishment of economic entities, as a form of association of individuals and / or legal entities in order to carry out profit-oriented activities. However, there are situations in which the management, the other shareholders, or even the authorities, do not respect certain shareholders’ rights, leading to a number of negative effects, such as the closing of companies. Based on these considerations, in this paper, we set as research objective to analyze the circumstances, which may affect shareholders’ rights. To meet the research objectives, we analyzed the case-specific jurisprudence published by the courts of law till 31st of December 2015. The results of the study show that the shareholders’ rights, which are not respected, include: the property right, the right to receive dividends, the right to participate and vote in the general assemblies of shareholders, the right to be elected in the governing bodies, and not the least, the most important one in accounting terms, the right to be informed.

Suggested Citation

  • Adrian Doru BÎGIOI & Cristina Elena DUMITRU, 2016. "The rights of shareholders – basic principle of corporate governance by means of case-specific jurisprudence," The Audit Financiar journal, Chamber of Financial Auditors of Romania, vol. 14(136), pages 401-401, Aprilie.
    • Handle: RePEc:aud:audfin:v:14:y:2016:i:136:p:401
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    References listed on IDEAS

    as
    1. Chen, Kevin C.W. & Chen, Zhihong & Wei, K.C. John, 2009. "Legal protection of investors, corporate governance, and the cost of equity capital," Journal of Corporate Finance, Elsevier, vol. 15(3), pages 273-289, June.
    2. Julian Franks & Colin Mayer & Stefano Rossi, 2009. "Ownership: Evolution and Regulation," The Review of Financial Studies, Society for Financial Studies, vol. 22(10), pages 4009-4056, October.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    corporate governance; the right to be informed; property right; the right to receive dividends; the right to vote; governing bodies;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations
    • G15 - Financial Economics - - General Financial Markets - - - International Financial Markets
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • M16 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - International Business Administration
    • M41 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Accounting - - - Accounting

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