ManuScript Details
|
Paper Id:
|
IJARW2972
|
|
Title:
|
PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW
|
| Published in: |
International Journal Of All Research Writings |
| Publisher: |
IJARW |
| ISSN: |
2582-1008 |
| Volume / Issue: |
Volume 7 Issue 10 |
| Pages: |
5
|
| Published On: |
4/8/2026 8:33:48 AM (MM/dd/yyyy) |
Main Author Details
|
Name:
|
Dang Khanh Nhu |
| Institute: |
Ho Chi Minh University of Banking (HUB), Vietnam |
Co - Author Details
| Author Name |
Author Institute |
Abstract
|
Research Area:
|
Law and Legislature |
| KeyWord: |
minority shareholders; controlling shareholders; self-dealing; related-party transactions; joint-stock companies; Law on Enterprises. |
| Abstract: |
This article analyzes the mechanisms for protecting minority shareholders against self-dealing by controlling shareholders in joint-stock companies under Vietnamese law. Drawing on the principal–principal conflict theory and studies on tunneling, propping, and private benefits of control, the paper argues that in economies with concentrated ownership, the risk of expropriation arises not only from managers but also from dominant shareholders. Vietnamese law has established several important instruments, including the right of shareholder groups holding at least 5% to access information, the right to request the convening of general meetings, the right of shareholder groups holding at least 1% to initiate derivative lawsuits, disclosure obligations regarding related interests, approval mechanisms for related-party transactions, and enhanced protections for public companies through independent directors, audit committees, and disclosure requirements. However, the effectiveness of minority shareholder protection remains limited due to information asymmetry, difficulties in identifying ultimate beneficial owners, the relatively low quality of independent oversight, challenges in enforcing litigation mechanisms, and regulatory gaps between public and non-public joint-stock companies. Accordingly, the article proposes legal reforms aimed at enhancing transparency of beneficial ownership, expanding access to evidence, strengthening the effectiveness of independent oversight institutions, and applying majority-of-the-minority voting mechanisms for certain conflict-of-interest transactions. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
|
IEEE
|
Dang Khanh Nhu, "PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW", International Journal Of All Research Writings,
vol. 7, no. 10, pp. 10-14, 2026.
|
|
MLA
|
Dang Khanh Nhu "PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW." International Journal Of All Research Writings,
vol 7, no. 10, 2026, pp. 10-14.
|
|
APA
|
Dang Khanh Nhu (2026). PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW. International Journal Of All Research Writings,
7(10), 10-14.
|
PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW
Number Of Downloads - 1
Last downloaded on 08/04/2026
PROTECTION OF MINORITY SHAREHOLDERS AGAINST SELF-DEALING BY CONTROLLING SHAREHOLDERS IN JOINT-STOCK COMPANIES UNDER VIETNAMESE LAW
Search On Google
