Its Researching the Nature of the Right Holder of the Share and Its Relationship with the Company
Author (s): Hossein Reza Mahdavi Rad, Seyyed Hasan Shabiri Zanjani, Siamak Qiasi
Institution: Al-Mustafa Al-Alamiya Society, Qom, Iran
Category: Article, IJMMU, Company
Topics: Nature of Shares; Share Holder; Company; Shareholders’ Right
Abstract: The subject of many transactions that take place in the stock market is shares, and knowing the nature of shares is on the one hand as the basis of the legitimacy of transactions, and on the other hand, it depends on the relationship of the company that these shares have effects abroad, and the shareholders must be committed to it. Due to the ambiguity in the nature of stocks, there are mixed words in it. According to one point of view, the share represents an ownership relationship. Shareholders are the owners of the company, but they do not own the assets and property of the company – which belong to the company as a separate and independent legal entity. On the other hand, there is another opinion that does not consider the shareholders as the owner or owners of the business enterprise, according to this opinion, the share represents a special right or privilege for the shareholders, which is called “shareholder’s right” in the legal literature. It is a right that includes various privileges, including the right to enjoy annual dividends, the right to attend and vote in the company’s general meetings, the right to be informed about the company’s important issues, the right to subscribe and purchase the company’s newly issued shares. What is certain is that shares are exchanged and traded, pledged and inherited, both in law and in practice and in reality, and in the eyes of custom as elements with economic value and taxation in the field of modern business. In this article, the nature of the share and the nature of the shareholder’s right and its relationship with the company are discussed first, with the description of the division of the shareholders’ rights based on whether it is financial or non-financial, which is generally neither objective right nor religious right. It is consistent, although the effects such as the cost of the lawsuits filed against the two mentioned rights are different from each other. has it.
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