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由于现行公司法对股份有限公司股东利益保护方面存在诸多制度缺失,致使小股东利益受到损害现象非常普遍。损害小股东利益现象是控股股东利用其表决权的“垄断”地位控制公司及经营管理层的原因所致。表决权信托是改变这一现象的有效方式,能起到保护小股东利益的作用。
Due to the existence of many systems in the protection of shareholders’ interests of the Company Limited by the current Company Law, it is very common for the interests of minority shareholders to be damaged. The damage to the interests of minority shareholders is caused by the controlling shareholders’ use of the “monopoly” status of their voting rights to control the Company and the management. Voting trusts are an effective way to change this phenomenon and play a role in protecting the interests of minority shareholders.