What are the three primary responsibilities of shareholders towards the corporation they own?
Shareholders Duties Declaring a dividend. Approving the financial statements of the company. Winding up of the company by way of voluntary liquidation
.
The shareholders of any company have a responsibility to
ensure that the company is well run and well managed
. They do this by monitoring the performance of the company and raising their objections or giving their approval to the actions of the management of the company.
Common shareholders are granted six rights:
voting power, ownership, the right to transfer ownership, dividends, the right to inspect corporate documents
, and the right to sue for wrongful acts.
Shareholders have
a right to bring legal action against the director when any act
done by him in any manner is prejudicial against the affairs of the company. Shareholders also have the right to attend and vote at the annual general body meeting. Shareholders also have a right to appoint the company auditors.
Responsibilities of shareholders
Authorise the directors to increase the paid-up capital or to issue shares
. Establish and amend a constitution, if there is any. Approve the disposal or acquiring of properties under the company name. Approve the financial statements prepared by the directors.
- to attend and vote at general meetings of the company;
- to receive dividends if declared;
- to circulate a written resolution and any supporting statements;
- to require a general meeting of the shareholders be held; and.
- to receive the statutory accounts of the company.
Companies are required to send a copy of its annual accounts and reports for each financial year to every shareholder of the company. …
Shareholders are not however entitled to receive or inspect
copies of general a company's financial records.
In the
case of a bankruptcy
, shareholders can lose up to their entire investment. According to a corporation's charter and bylaws, shareholders traditionally enjoy the following rights: The right to inspect the company's books and records. To power to sue the corporation for misdeeds of its directors and/or officers.
- Right to access financial records. As owners of the company, shareholders have the right to inspect a company's books and records. …
- Right to sue for wrongful acts. …
- Right to vote. …
- Right to attend the Annual General Meeting (AGM) …
- Right to transfer ownership.
Limited liability is a legal status that limits a person's financial liability to a fixed sum. In the case of company debts,
the shareholders are only personally liable for the debt to the value of the money
they have invested in the company. … Therefore, the shareholders are legally liable for the debts of the business.
- Appointment of auditors (if there are any)
- Appointment or re-appointment of directors.
- Removal of a director or the auditor.
-
Adoption
of the annual accounts and the reports of the directors and auditors. - Declaration of dividends.
The board of directors
is elected by the shareholders of a corporation to oversee and govern the management and to make corporate decisions on their behalf. As a result, the board is directly responsible for protecting and managing shareholders' interests in the company.
10. Can the shareholders overrule the board of directors? …
Shareholders can take legal action if they feel the directors are acting improperly
. Minority shareholders can take legal action if they feel their rights are being unfairly prejudiced.
A director who has been dismissed
may have a claim for unfair dismissal
. The director will continue to own the shares and will continue to be entitled to their share of dividends. Can you force a sale of the shares? There is no automatic right for the majority shareholders to force a sale by a minority shareholder.
Shareholders in a public company can also
remove
a director by following the process set out in the company's constitution. … Shareholders must make this notice to move a resolution for a director's removal at least two months before the shareholders meeting.
The main documents of interest to shareholders will be
the company's annual report and accounts
. Each shareholder has the right to receive these when they're issued generally and on request. Shareholders also have the right to receive a copy of any written resolution proposed by either the directors or shareholders.