Shareholder - who is this?
In the field of economics there are many different concepts. One of them is a shareholder. This is an individual or legal entity that does not have the status of a legal entity, but has civil legal capacity. A shareholder can be a Russian Federation, a subject or a municipality that owns one or more shares of an JSC.
Shareholders and management
A shareholder is a person who, together with other people, is a member of the governing body of a company. All decisions in the institution are made at a meeting, which happens to be regular and extraordinary. The volume of the share package establishes the rights of shareholders with respect to the JSC.
Participants nominate a candidate to the board of directors, and also put the issue on the agenda of the event. The meeting of shareholders allows to solve many questions. The size of the package may not affect the right of participants to participate in the meeting and receive dividends. The amount of income is established on the basis of the size of the shares, but only if the decision on their transfer was approved at the planned event.
Investors and management
An investor is a legal entity and an individual investing in investment projects. They are interested in those programs for which the risks are minimal. AO members are interested in promoting projects to increase dividends by participating in their improvement. The investor has no such right. He only considers the project, performs an analysis of its state, prospects, and also makes a decision.
Types of shareholders
A shareholder is the owner of the shares, which establish his belonging to a certain category. There are owners:
- Common stock.
- Shares preferred type.
In terms of assets, there are the following types of shareholders:
- The only one that has 100%.
- Majority, having a large package of papers.
- Minority - 50%.
- A retail shareholder is a person with a minimum of shares. He can participate in meetings and receive dividends.
Each participant has their own rights and obligations, documented. In case of violation, he has the right to protect his interests. If the owner has 1% of the shares, then this is already a shareholder of the company. He may be present when choosing a board of directors.And the investor, whatever the amount invested, does not have such a right. Similarity can be found if you compare investor and retail shareholder. The latter will have benefits - participation in meetings.
Shareholders by law have their rights. The more stocks, the more opportunities they have. Members of the company may receive dividends, participate in meetings, and receive liquidation upon liquidation. They have the right to get acquainted and take copies of the documentation.
Depending on the number of shares there are other rights of shareholders. Owners from 1% have access to the register of shareholders, as well as the possibility of appealing to the court the functions of the general director. Owners from 10% can organize extraordinary events. The general meeting of shareholders is given to them for putting questions on the agenda. They may require checks.
Since shareholders have rights, there is also the possibility of their violation. Usually there are the following situations:
- Failure to issue the registry.
- List of shareholders is not provided.
- No questions on the agenda.
- Refusal to familiarize with the papers.
- Denial of participation in the meeting.
It is necessary to take into account that the shareholder acquires rights not from the conclusion of the transaction, but when making an entry in the register. In addition to the contract, the seller must sign a transfer document drawn up in accordance with the approved form. It is transferred to the registrar - the person who keeps track of the rights of shareholders.
The shareholder has the opportunity to defend their interests in 3 ways:
- Appeal to society.
- Application to the FCSM.
- Appeal to the court.
You can use either one method or two. The appeal is submitted in writing with the designation of the shares. He is handed in person or sent by mail. The appeal indicates the circumstances of the violation.
Difference between shareholders and investors of Sberbank
There is no difference between shareholders and investors, since investing in a developed financial organization of a country is possible only through the purchase of shares, which is why a participant moves from one category to another. Shareholders of Sberbank, having preferred shares for which you can not participate in meetings, can be investors.
If shareholders have access to meetings, and they also buy assets to participate in the work of a financial institution, then they are interested in the long term.Modern investors after the recent crises choose investment with a short payback period, not more than 3 months.
Shareholder as an investor
An investor may be a legal or natural person who has the right to dispose of personal and attracted money. If personal capital is used, then the investor is called individual. When borrowed money is used in the work, the participant becomes institutional.
There is a distribution of investors on direct and portfolio. The first are working to increase capital. Shareholders are considered as such. They invest in the assets of companies to obtain authority in the aspect of managing a company.
Now there are many companies that include shareholders. Each of them has its own share in the organization. Depending on this, they can participate in activities to improve its work.