아세안국가의 회사법상 주주총회에 관한 연구 (A Comparative Legal Study on the Operation of General Shareholders' Meetings from the Standpoint of Company Law in ASEAN)

서지정보

· 발행기관 : 한국기업법학회
· 수록지 정보 : 기업법연구 / 27권 / 4호 / 89 ~ 120페이지
· 저자명 : 정용상

초록

This paper is a basic research to compare and examine corporate governance in ASEAN countries in which trade with and investment in Korea have been surging. The purpose of the study is to look at the characteristics of company law on general shareholders' meetings in each country and provide legislative support through comparative analysis with Korean company law to facilitate Korean companies that have advanced to ASEAN countries. The common points in the law on the general meetings in each country are as follows:First, In ASEAN corporate governance, the general meeting of shareholders' is essentially the highest institution that makes important decisions for the company.
Second, Most countries recognize the right to call shareholders' meetings by minority stockholders, auditors and courts in addition to the board of directors.
Third, Company law in each country strongly tends to conform with global standards: for example, digitalization of the general meeting and protection of minority stockholders.
Forth, Legal systems that facilitate the smooth operation of general meetings are set in place by introducing proxy voting rights and a written voting system.
Fifth, The standard of a quorum varies depending on legal instances since each country has different corporate environments and practices of operation of the general meeting.

영어초록

This paper is a basic research to compare and examine corporate governance in ASEAN countries in which trade with and investment in Korea have been surging. The purpose of the study is to look at the characteristics of company law on general shareholders' meetings in each country and provide legislative support through comparative analysis with Korean company law to facilitate Korean companies that have advanced to ASEAN countries. The common points in the law on the general meetings in each country are as follows:First, In ASEAN corporate governance, the general meeting of shareholders' is essentially the highest institution that makes important decisions for the company.
Second, Most countries recognize the right to call shareholders' meetings by minority stockholders, auditors and courts in addition to the board of directors.
Third, Company law in each country strongly tends to conform with global standards: for example, digitalization of the general meeting and protection of minority stockholders.
Forth, Legal systems that facilitate the smooth operation of general meetings are set in place by introducing proxy voting rights and a written voting system.
Fifth, The standard of a quorum varies depending on legal instances since each country has different corporate environments and practices of operation of the general meeting.

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