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Study on the Apoolication on Article 183 of Company Law and Its Law Interpretation

Author: LiWenHe
Tutor: ZhuJinQing
School: Zhejiang Technology and Business University
Course: Civil and Commercial Law
Keywords: Judicial dissolution of the company Company impasse Shareholder oppression Appraisal Rights
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 109
Quote: 1
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Abstract


Section 183 of the Companies Act provides that \dissolution of the company . \May 5, 2008 , \way that the company operation and management of serious difficulties in three situations: (1) the company continued to convene a shareholders 'meeting or the shareholders' meeting , the company's management can not be more than two years of serious difficulties ; beyond the official or the Articles of Association of the Company ( 2 ) shareholders vote specified proportion , lasted for more than two years can not make effective resolutions of the shareholders 'meeting or the shareholders' meeting , company management encounters serious difficulties ; ( 3) the chairman of period of conflict , and can not be resolved by the shareholders 'meeting or shareholders' meeting , the company's management occurred serious difficulties . Before the introduction of the Companies Act Regulations , the court applied Section 183 of the Companies Act to decide cases , standards have focused on the judge to create a more specific law bars more accurate system of judicial dissolution . Selected 183 of the Companies Act requirements ( b) before the introduction of six typical cases , analysis of the factors that the Court is given the highest priority in the application of 183 , I believe that the use of judicial practice to solve the deadlock problem and shareholder oppression , judicial legislation breakthrough . Such cases are likely after May 19, 2008 because the Company Law a number of issues require ( b) the introduction of dismissed these judgments instructive reality , improve the meaning of legislation .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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