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Research on the Qualification of Shareholder in Reformed Company and the Validity on Resolution of Shareholders' Meeting

Author: LiuZhongWen
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: reformed company qualification of shareholder validity
CLC: D922.291.91
Type: Master's thesis
Year: 2012
Downloads: 26
Quote: 0
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Abstract


Many enterprises that reformed in the1990s, which were possessed by sated-owned orcollective, were affected more or less by policies. However, Those companies are differentfrom the characters of the limited liability company under the Companies Act1993, whichcan not fully in according with elements of modern companies,so it triggers many litigations,and revoke a lot of difficulties. To begin with, this article descriptions one case, andcombination the theory and realty, we study the controversy after company which reformedin the last century.There are2,260000words in the article,which contains five parts.Part one will simply illustrate the case, and the disputes in the litigation.Part two will discuss the disputes and the result. In this part, we expound thecontroversies. For example, Whether the litigations which triggered by the company canapplicable the Company Act, or how to identify the qualification of the shareholders and thevalidity of the shareholders’ meeting,which may not in line with the law, even the lawsuitabout the lack of resolution of shareholders’ meeting, the validity about equityagreement,how to treat the interests, and so on.Part three will expound the law application, analysis the essence of enterprises thatreformed. Refer to the lack of the normative, corporation autonomy and balanced interests,the litigation above can not fully amend by the Company Act, which connects with the socialenvironments, such as history, now and future.Part four will discuss the qualification of shareholders. We think that, the businessregistration just has the function of declaratory. In the internal relationship of company, thestandard is not only the business registration. As far as the qualification of shareholdersconcerned, it relates with shareholders’ register, certificate of contribution capital, articles ofcorporation and business registration, which should treated in the principle of double standardbetween internal and external relationships. In this case, the controversy about thequalification of shareholders is the internal relationship, so in the course, we should apply thestandard that substantial requirements over supplement requirements for the qualifications ofshareholders. The state-owned worker and the people that bought the stocks should be treatedas the shareholders. Part five will discuss the validity of the resolution of shareholders’ meeting, andcombination the article22of Company Act, we think, it can use the no-litigation. In addition,the validity of resolution of shareholders’ meeting, we must aware of the boundary of thecorporation so as not destroy by judicial inference. Based on the above points, the articlethink the resolution of shareholders’ meeting should be invalid, because it was result by fakesignature and meeting. It infringes the interest of shareholders, for example,the right ofpriority and the right of priority to buy.

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