The Defect Resolution Effect Research Of The Shareholder's Meeting

Separation of ownership and managerial authority is the greatest characteristic of modern corporate governance structure,shareholders no longer directly determine the company's specific business,but rather through to attend the shareholders' committee meeting and voting the way to the company's major matters to decide to participate in corporate governance.So the shareholders' committee to become shareholders exercise their rights to participate in corporate affairs is the most important places,has extremely important meaning to the shareholders.But the shareholders' committee resolution need to be prescribed by law or the articles of the company convened a series of procedures and meeting resolution matters content often because of its importance and relatively complex,and the shareholders attending the meeting after the shareholder vote by certain resolution rules will be transformed form the shareholders' committee will,resolution procedure complex,size,conflicts of interest between shareholders and other reasons led to the resolution defects can occur easily.To protect autonomy,to protect the interests of the company,to protect the interests of the shareholders,to appear flaw resolution must be according to the defects in law degree effect on the negative.So the core of the system of the shareholders' committee resolution flaw is due to a variety of reasons appear flaws of the shareholders' committee resolution effect on the recognition,the corresponding rights,on this basis,gives the corresponding subject to correct and relief.So resolution to shareholders' flaw definition of effectiveness is the foundation of the shareholders' committee resolution system with the core.Research on this question will be good for the shareholders' committee resolution of establishment and improvement of the system in our country.Based on the flaws of the shareholders' committee resolution effectiveness as the center,focus on the nature of the shareholders' committee resolution,the dividing method of the shareholders' committee resolution flaws and the effectiveness of theprocedures,content caused by the defects of the shareholder's resolution and other issues are discussed in this paper.The body of the article includes five parts:Based theory research,the first part of the shareholders' committee resolution flaws of the shareholders' committee resolution,the properties of the shareholders' committee the cause of defective resolution,flaws in the resolution has carried on the analysis of the shareholder's meeting.Is the shareholders' committee resolution by the shareholders as the shareholders' committee members of the company authority exercise the voting rights of the shareholders' committee meeting proposal items by express their views,and according to the law or voting rules prescribed by the charter of the formation of the shareholders' committee meaning.From the main body,the intention of binding and legal consequences see the nature of the shareholders' committee resolution also is not a legal act,but a company formation of meaning.In dividing the dichotomy of logic to analysis,and comparing with the rule of thirds,the author thinks that the division of shareholders' flaw resolution effect should use dichotomy,and on the basis of the severity of the defect resolution.The second part of program defects caused by defective resolution and its legal consequences are introduced,focusing on defect caused by called program and voting the effectiveness of the decision making analysis.The third part in violation of mandatory norms,in violation of the company's articles of association,resolution and excessive caused by abusing the shareholder rights of the shareholders' committee the effectiveness of the defective resolution has carried on the corresponding discussion.The fourth part to protect the autonomy and balancing of interests as a starting point,the shareholders' flaw resolution to cure problems puts forward the authors own view.The fifth part of the shareholders' committee resolution flaws in the lawsuit the plaintiff and the defendant involved during,combined with a few problems such as part of the paper try to discuss.