A Study On The Defect Litigation System Of Resolutions Of Shareholders' General Meeting

The general meeting of shareholders is the highest authority of the company, the shareholders exercise of options within the company only statutory bodies, shareholders to exercise their assets, organizations involved in making major decisions and managers, in theory, can make decisions on all matters. A perfectly valid general meeting resolution on the process and content should be in accordance with the provisions of the law or the Articles of Association of the Company. When the resolution of the general meeting of shareholders on the program or content in violation of the provisions of the law or the Articles of Association of the Company, can not, of course, that the resolution of the general meeting is the meaning of the company. Therefore, defects resolution of the general meeting is divided into procedurally flawed and contents of the resolution of the resolution of defects.General meeting resolution defects can be divided into defects violation of the mandatory provisions of law, violation of the Articles of Association of the Company the blemishes and abuse of defects in the majority of the capital. The resolutions of the shareholders Defective refers to the resolution of the general meeting in violation of laws, administrative regulations, the effectiveness of strong provisions on the procedures for convening and voting procedures or violation of the Articles of Association of the situation. The shareholders’meeting resolution is an important principle of the system is the principle of due process, in violation of the degree will definitely lead to the resolution of the general meeting of defects. The shareholders’ meeting resolution Defective including the procedures for convening blemishes and voting procedures defects two aspects.China’s general meeting resolution defect litigation system should be improved in the following three aspects:First, improving the resolution of the general meeting defects subject of the proceeding; build shareholders’ meeting resolution null and void system; third is establishment of discretionary dismissed system. General meeting resolution defects litigation system is a worldwide system, widely used for countries, which aims to ensure that the resolution of legitimacy and rationality, balance and the legitimate interests of the majority of participants, shareholders’ rights and interests of the Company harmony development. China’s general meeting resolutions defect litigation system exists, made a number of suggestions for improvement, in order to guarantee the legitimacy and rationality, promote the general meeting resolution better resolution.