The Research On The Revocable Mechanism Of The Resolution Of Shareholders's General Meeting

The resolution of the general meeting of shareholders plays an important role in company governance for its characteristic as special fellowship civil act. Its effectiveness would be impacted for the deficiency of important documents of its found and force. And the flaw would impact the interest of shareholders n director supervisor and senior executives as well as the transaction security. As an independent flaw, the revocable one of the resolution of the general meeting of shareholders owns its institution value. According to Article 22 of the newly-revised corporation law of our country, the revocable mechanism of the resolution has been put into effect. As the legal basis to the shareholders when they make a lawsuit, the article 22 of the newly-revised corporation is a further step. But its content is too simple and it is necessary to have further researches in such issues. The content of this paper includes one case, the analysis of the theoretical basis of the system, the causes of the resolution rescission, the prevention of misuse of the rescission suit and some suggestions on this system.The whole thesis is composed by six parts. The first part is about a true case as the introductions of the thesis which is the sample of the system's actual value. In the second part, the basis of the revocable mechanism of the resolution of the general meeting of shareholders is studied. The resolution of the general meeting of shareholders is quite different from the traditional juristic act. The independent styles and value are researched. The third part is about why it is revocable for the resolution of the general meeting of shareholders. In the fourth part and the fifth part, the paper mainly concentrates on the aid methods on the revocable resolution of the general meeting of shareholders, including two aid methods, that is, judicial remedy and non-judicial remedy. The fourth part is about judicial remedy. It is a vital aid method to the revocable resolution, referring to characteristic, parties, the period of the lawsuit, the effectiveness of the judgment and several special procedure problems. The fifth part is about non-judicial remedy. It is composed of the following items, that is, to redress the revocable flaws of the resolution with all the members of the committee present, the recall and admit posthumously of revocable flaws of the resolution. In the paper, these circumstances can be discussed. The six part is the conclusion of the discussions which concludes some suggestions on the basis of the content before. The specific reasons of the revocable resolution of the general meeting of shareholders are studied combined with the regulation of Article 22 in corporation law, including three aspects to discuss, that is, irregularity of the procedure convoked, irregularity of the ways of statement, and the resolution that violates the regulation of the company.