This paper aims to describe the parent shareholder’s inspection right for subsidiary corporations. In the complex corporate enterprise, the question arises whether a shareholder of the parent corporation has any right to inspect the books and record...
This paper aims to describe the parent shareholder’s inspection right for subsidiary corporations. In the complex corporate enterprise, the question arises whether a shareholder of the parent corporation has any right to inspect the books and records of a subsidiary corporation within the group.
In the USA, is separated on cases upholding inspection and cases denying inspection, and the law is far from dear. Almost all of the cases that have permitted inspection have reached their conclusion by reliance on an ultimate finding that the subsidiary was the "agent" or "instrumentality" or "adjunct" of the parent. lately, Japan Commercial Code is recognizing the parent shareholder’s inspection for subsidiary corporations.
Conclusively, it is desirable that permit the right to inspect the books and records of subsidiary corporations to protect parent corporation’s shareholder’s profit in the Korea Commercial Code(KCC).