نوع مقاله : مقاله علمی - پژوهشی
1 استادیار گروه حقوق دانشگاه شهید مدنی آذربایجان
2 دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز
3 کارشناسی ارشد حقوق خصوصی، گروه حقوق دانشکده ادبیات و علوم انسانی، پردیس گیلان ایران.
عنوان مقاله [English]
Today, stock companies and their related regulations constitute an important part of the countries’ commercial laws. This domain of corporate law is a dynamic and changing law among them one can refer to the responsibilities of controller shareholders in stock companies. In this regard, there are several fundamental challenges: First, despite of the directors’ presence in stock companies, how can one consider the responsibility for shareholders in managing the company? and also, what is the basis of this responsibility and how far does its boundaries extend? In the current article, we want to analyze this issue in English law and its comparison with Iran law and therefore, show that the responsibility of controller shareholders is based on corporate governance system and the theory of the prohibition on abuse of right and accordingly, they are required to act in good faith in the company management, to pay attention to the resources of the entire company and to provide the necessary information to the minority shareholders. Otherwise, if there is control power over company’s decisions and the application of this power uncoordinatedly with the interests of the company, the reasonability will be similar to that managers.