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On The Shareholder ( Large ) Will Assemble The Procedural Flaws To Shareholders ( Large ) Will Influence The Effectiveness Of The Resolution

Posted on:2008-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:B LengFull Text:PDF
GTID:2206360242972092Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The shareholders' meeting is the organ that decides the intention of the company. In the meeting, the shareholders make their intention expressed and form the resolution of shareholders' meeting. The convening procedure of the shareholders' meeting is the starting point that the shareholders' meeting operates. It is very important to the meeting. This article mainly talks about the influence of convening system to the effectiveness of the resolution maked by the shareholders' meeting.The contents of shareholders' meeting, mainly includes person who has the right, the time limit, the way of the meeting, contents and the people who come to the meeting. The caller is the person who have the right to hold the shareholders' meeting. The kind of person or the organization have the right to call the shareholders'meeting mainly rely on the calling system. The calling right is a kind of power, and it is also need qualification. If the person who have not the right calling the meeting, it will be a kind of flaw in the meeting. The notify of the calling contains what kind of the information of the shareholders' meeting when and how arrive which shareholders, for the purpose of shareholder attend the shareholders' meeting. It is also one part of the calling system. Without it the shareholder's meeting will no be hold. The circular of call is a shareholders'meeting and would call the system a constitute the part importantly, the circular that did not call, the shareholder's meeting calls to also have no from the realization, the shareholders'meeting wills resolution and should will is affect by it. Call the minor faults in the circular, during the period of call up, express in order to did not press the law provision to call the shareholders' meeting in advance, in calling the way of the circular, mainly is to did not press legal way to send out to call the circular, in the object that notify, express for the circular to have the lapse to the shareholder, on the contents, minor faults mainly is to did not release the circular according to the provisions, such as law and laws...etc. and the proceed thus resolution. Various minor faults that calls the procedure will affect the meaning of the shareholder to mean of make the and usefulnesses, then affect the effect of resolution the behavior. For example, didn't call the power the person call of shareholder hold a meeting to lack the form important item, the root can't be seen make is a shareholders' meeting, according to it produce of it is that resolution also shouldn't be see make on the law resolution, this resolution should for not establish. But call to notify the minor faults in the procedure, have of will affect the shareholder to attend, be the shareholder to attend the shortage legal attend the comparison, this shareholders' meeting will resolution of establish the important item and does not have namely, the shareholders' meeting wills resolution not to establish. Some minor faults then will affect the shareholder to make a can reflect the true meaning of oneself of mean, according to the resolution behavior that meaning become when mean that the shareholder has the minor faults, should cancel to protect the shareholder benefits. Call although the minor faults of the procedure will cause the company law modify, also should notice to absorb these measures, for the convenience of carrying through and carrying out to call the procedure in the exactitude.The conclusion of this article is that the convening procedure is very important to the meeting, any flaws in the procedure could influence the effectiveness the resolution, but to protect the interest of the shareholders and company, the law should regulate the means to remedy the flaw.
Keywords/Search Tags:convening procedure, flaws, influence, remedy
PDF Full Text Request
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