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When you buy stocks it is very important to understand shareholder rights.

Shareholder Rights

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Although ownership of 50% of shares does result in 50% ownership of a company, it does not give the shareholder the right to use a company's building, equipment, materials, or other property. This is because the company is considered a legal person, thus it owns all its assets itself. This is important in areas such as insurance, which must be in the name of the company and not the main shareholder.

In most countries, boards of directors and company managers have a fiduciary responsibility to run the company in the interests of its stockholders. Nonetheless, as Martin Whitman writes:

:...it can safely be stated that there does not exist any publicly traded company where management works exclusively in the best interests of OPMI [Outside Passive Minority Investor] stockholders. Instead, there are both "communities of interest" and "conflicts of interest" between stockholders (principal) and management (agent). This conflict is referred to as the principal/agent problem. It would be naive to think that any management would forgo management compensation, and management entrenchment, just because some of these management privileges might be perceived as giving rise to a conflict of interest with OPMIs.

Even though the board of directors runs the company, the shareholder has some impact on the company's policy, as the shareholders elect the board of directors. Each shareholder typically has a percentage of votes equal to the percentage of shares he or she owns. So as long as the shareholders agree that the management (agent) are performing poorly they can elect a new board of directors which can then hire a new management team. In practice, however, genuinely contested board elections are rare. Board candidates are usually nominated by insiders or by the board of the directors themselves, and a considerable amount of stock is held and voted by insiders.

Owning shares does not mean responsibility for liabilities. If a company goes broke and has to default on loans, the shareholders are not liable in any way. However, all money obtained by converting assets into cash will be used to repay loans and other debts first, so that shareholders cannot receive any money unless and until creditors have been paid (most often the shareholders end up with nothing).


Shareholder Rights Topic - Stocks

The stock or capital stock of a business entity represents the original capital paid or invested into the business by its founders. It serves as a security for the creditors of a business since it cannot be withdrawn to the detriment of the creditors. Stock is distinct from the property and the assets of a business which may fluctuate in quantity and value.


 
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PLEASE READ THE IMPORTANT DISCLOSURES BELOW.

Securities products and services offered by Transcend Capital, LLC, a registered broker dealer, Member FINRA/SIPC.
6500 River Place Blvd., Bldg. 4, Ste. 102, Austin, TX 78730. 512-623-7774.

The information contained on this Web site does not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell securities. No information found on this Web site should be construed by any consumer as investment advice, tax advice or a recommendation or solicitation to effect or attempt to effect transactions in securities.

Symbols and price and volume data shown here are for illustrative purposes only. Transcend Capital and/or its employees and/or officers may have positions in securities referenced herein, and may, as principal or agent, buy from or sell to clients. Account access, trade executions, and system response may be adversely affected by market conditions, quote delays, system performance, and other factors.

Any specific securities, or types of securities, used as examples are for demonstration purposes only. None of the information provided should be considered a recommendation or solicitation to invest in, or liquidate, a particular security or type of security.

Options carry a high level of risk and are not suitable for all investors. Please read the Options Disclosures Document Characteristics and Risks of Standardized Options before considering any option transaction

Certain requirements must be met to trade options at Transcend Capital. With long options, investors may lose 100% of funds invested. Multiple leg options strategies will involve multiple commissions. Spread trading must be done in a margin account. Please read the Options Disclosure Document titled Characteristics and Risks of Standardized Options before considering any option transaction.

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Additional advanced options education is available from the OIC.

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