On The Legal Remedy Of The Defect Resolution Of The General Assembly Of Shareholders

The shareholders'general meeting of stock limited company composed of all shareholders is the company's organ of authority. The general meeting of shareholders shall exercise its authorities, such as making major decisions and selecting its management. As the general meeting of shareholders is a collegiate system, it shall exercise its authorities in accordance with the decisions on matters considered at the meeting. The general meeting of shareholders has become the only place where its shareholders can keep control of the company by their voting rights. Shareholders General Assembly resolution is both the meaning of companies and the pursued and results to be hold shareholders meetings. So it has important meaning for the exertion of shareholders'rights and the principle of equality among shareholders to guarantee the justice and legitimacy of the decisions considered at the meeting. Since the convening of more procedures involved and more shareholders to attend general meeting of shareholders, the shareholders of General Assembly resolutions defects arise for various reasons. In view of the legal position of the general meeting of shareholders and the Important meaning of the decisions made in it, this essay focuses on the remedies for the defects of the decision of the general meeting of shareholders to clarify the legal relationship, and reasonable settlement for shareholders of the General Assembly resolution of disputes caused by defects.After a brief introduction of the types of the remedies for the defects of the decision of the general meeting of shareholders, the essay starts with the effect and value of the remedies for the defects of the decision of the general meeting of shareholders, discussing the ways to remedy the defective resolution of the general meeting of shareholders. After research and study, the author tries to alleviate the problems in practice and help the decision what is made in the general meeting of shareholder to reach with justice and legitimacy so as to accelerate the development of the stock company or even Our capital market in a healthy way.The first part mainly illustrates the basic theory of remedies for the defects of the decision of the general meeting of shareholders. It quotes the theory of the acts of law and the defective resolutions include null and void resolution. revocable resolution and the nonexistent resolution. Then, the thesis discusses the value orientation of the remedies for the defects of the decision of the general meeting of shareholders that is stable resolution and ensured procedure.The second part mainly focuses on the ways to retrieve the defects of the decision of the general meeting of shareholders. Part one discusses how to retrieve the defects in procedure. Part two discusses the general meeting of shareholders to remedy flaws in the withdrawal of the resolution method with the ratification. Part three discusses the objection to some of the major shareholders of shares bought on the right to request the system.The third part focuses on flaws in the General Assembly resolution of shareholders of the judicial remedy of relief, that the proceedings to resolve flaws in the General Assembly resolution of shareholders. Submitted invalid lawsuit, revocable lawsuit and nonexistent lawsuit. As well as three kinds of action cause of action, litigation and the effectiveness of the main issues are described.The forth part analysis the flaws and shortcomings about relief system defects of Shareholders General Assembly resolution in Chinese "Company Law" and makes recommendations for improvement. Chinese current "Company Law" made a great progress than before in the legislation. However, in practice there are still omissions. In this regard, and this paper request the remedies that should be set up on the law and administrative law did not violate the mandatory provisions of the shareholders of the flaws in the General Assembly resolution in Chinese legislation. Ways in the judicial relief, the plaintiff and the defendant requires clearly and to expand the plaintiff. Shareholders by improving the security system and to give judges the right to a certain degree of discretionary decision to prevent the avoidance of abuse and provisions of the shareholders of the General Assembly resolutions are not comprehensive measures. I hope that will make modest means for further reforms to our country's "Company Law".