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General Meeting of Shareholders may revoke resolution system
Author: ZhuShuai
Tutor: WangYong
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Shareholders' meeting Resolution Defect Revocation
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 69
Quote: 0
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Abstract
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Resolution refers to the shareholders 'meeting the shareholders meeting , the number of shares held by the shareholders to exercise their voting rights in accordance with the principle of majority decision meant the formation of the company said that the shareholders' meeting as the highest organ meant to achieve its function approach. All resolutions are binding on the company . Resolution is a special legal act , unlike the civil law theory of unilateral , the general principles of both legal acts . The reason the program and content of the resolution violate the law or the Articles of Association constitute resolution flawed evaluation of its effectiveness and impact . On this basis, explores the way of relief when the resolution may be withdrawn flawed , and proposed a complete resolution of the general meeting of the relief system flaws recommendations from the legislative and judicial . The full text is divided into three parts , including the introduction, body and conclusion. Mainly through the introduction of a case , the basic idea of the resolution of the general meeting of shareholders of the Company and its meaning and concept of this article . Text consists of four chapters . The first chapter discusses the significance of General Assembly resolutions , the specific nature and type of defects . It is the company 's highest decision meant organ exercising voting rights , to supervise and to know other important platform for shareholders rights. Resolution of the meeting is in accordance with the number of shares held by the shareholders exercise their voting rights at the general meeting and the formation of the company in accordance with the principle of majority rule means that the scope of a legal act . The establishment of effective and are associated with unilateral defect resolution , there is a big difference between the two sides of a legal act . The formation of a special resolution of its procedural requirements , legal and fair procedures for the resolution of the essential form . The second chapter discusses the specific types of defects may revoke the resolution of the general meeting . After the adoption of the legislative status quo of China's foreign and resolution defects are mainly divided into areas called blemishes and defects resolution methods, defect resolution content. The third chapter discusses the resolution flawed judicial relief . In the flaws in the resolution of judicial remedies , mainly discusses the legal nature of the revocation of the resolution of the legal complaint and the subject of litigation , during litigation and preservation guarantees and restrictions on the abuse of power and other aspects of the particularity and General Assembly resolutions judgment revoked effect. The fourth chapter summarizes the status of the new legislative norms \
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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