حق المساهم في الرقابة على إدارة الشركة المساهمة العامة : دراسة قانونية في ضوء أحكام قانون الشركات الأردني و مبادئ حوكمة الشركات التجارية

الملخص EN

Principle of shareholder’s right on the management of public shareholding company is deemed one of the most principles of commercial corporate governance that guarantees to shareholder getting his legal ‘ judicial rights.

Although these rights have been given a priority and organized by the Jordanian legislator in the Jordanian Company Law and complementary Acts, they have been limited and restricted by the legislator.

Some of these provisions have been reproached for lack of legislation; they have not relied on a precise steady proven criterion when some of shareholders rights were organized.

This study has concluded a significant number of findings, the most important of which are that the legal rights granted to the shareholder are not individually sufficient to achieve the censorship sought on the management of public shareholding company without being reinforced by the judicial rights.

In order to achieve the commercial corporate governance, an amendment of the articles (181), (274) has been recommended in this study4 and should be made by removing the restriction included therein concerning the shareholder’s right of awareness thereon.