Research On The Revocation Of Resolutions Of Shareholders' General Meeting

Revocation resolutions of the shareholders of the General Assembly,is the result of the shareholders' meeting convened by the program or shareholders' meeting program in violation of laws,administrative regulations or the articles of association or the resolution in violation of the Articles of Association that shareholders' own rights have been violated can be used as the subject of proceedings,filed shareholder to the people's court General Assembly resolutions withdrawal of the complaint.China's "Company Law" Article 22 of the resolutions of the shareholders' meeting revoked systems were the norm,the Supreme Court announced the new "Law interpretation of Four"(Draft)to further improve.Revocation of the resolution of the shareholders' meeting system,there are provisions,but compared with other advanced countries and regions;there are still flaws and shortcomings in the legislation.It released its shareholders' meeting resolution and the resolution does not exist confuse the two systems,the subject of proceedings imperfect,missing three issues raised relief system increases the resolution does not exist type,give the directors and supervisors the right to revoke qualification and the establishment of non-litigation relief channels and improve judicial relief system and other recommendations in order to enhance the operability of the relevant laws,judicial settlement of disputes arise in practice.The thesis includes six parts.The first part is the introduction part explains the cancellation of the shareholders' meeting resolution,the purpose and significance,a brief description of the research methods and research data statistics.The second part,the revocation of the resolution of the meeting overview.This section discusses the illustrates relevant theories of the repealing of stockholders' meeting and concludes this system as well as the related concepts like the overview of the resolutions of shareholders' meeting and the overview of the defects.The third part,the revocation of the resolution of the meeting program.This section combines the close cases to analyze the existing problems of the repealing programs including the choice of qualification of subject between accuser and defendant,jurisdictional court of lawsuit,time limit for prosecution and litigation guarantees.The fourth part,the revocation of the shareholders' meeting resolution Subject.This section introduces the reasons of the repealing of stockholders' meeting and according to the 22 nd rule of Company Law classifies them into three situations of defects exist in convening procedure,defects exist in resolution procedure and defects exist in contents of resolution.The fifth part,the revocation of the effectiveness of the shareholders' meeting resolution.in the view of judgment and retrospect of abrogation and influence of companies' internal and external affairs,discusses the efficiency for a stockholders meeting to revoke judgment.The sixth part of the shareholders' meeting revoked problem resolution analysis and improvement.This part reviews and concludes the whole thesis.Meanwhile,it points out the blemish and defects of China's current repealing of resolution of stockholders meeting and provides completing suggestions to better protect stockholders' and companies' interests,complete the legislation of resolution of stockholders' meeting and solve problems happened in juridical practice.