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.
Shareholders thereby play an important role in the functioning of a company. They have various rights which include the appointment of the company’s director, auditor etc., to voting rights and having a say when the company goes insolvent.
Types of Shareholders:
- Equity Shareholder:
- Preference Shareholder:
- Debenture holders:
Generally, as a shareholder, you have the right to access financial records, right to sue for wrongful acts, right to vote, right to attend the AGM, and right to transfer ownership. However, these rights may vary depending on the company’s shareholder agreement and company constitution.
Rights of shareholders possessing at least 10% of shares
Right to demand a poll – in general, members holding 10% of voting shares (or five members who have the right to vote) can demand a poll in respect of a proposed resolution (s. 321).
Right of existing shareholders in a corporation to purchase newly issued stock before it is offered to others. The right is meant to protect current shareholders from dilution in value or control. Preemptive rights, if recognized, are usually set forth in the corporate charter.
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.
Conclusively, the shareholders are owners of stock in the corporation. They are not the owners of a corporation’s assets.
The definition of a shareholder is a person who owns shares in a company. Someone who owns stock in Apple is an example of a shareholder. One who owns shares of stock. Shareholders are the real owners of a publicly traded business, but management runs it.
Under company law, certain decisions can only be made by shareholders who hold over 50% of the shares. Shareholders with 51% of the equity have the power to appoint and remove directors (and thus change day to day control) and to approve payment of a final dividend.