On The Case Of Dissolving Dispute About Mr.Yang V.Baoshan Dongcheng Corporation

The company is a product under the conditions of a modern socialist market economy.It is a legal person organization established by several sponsors based on the purpose of joint cooperation.From the initial establishment of the company to the establishment of the company and finally the cancellation of the company,the company must be from birth to death.Through the process.The company is an important type of modern enterprise.In the market activities,there is a development process of life and death.This is the stage that most companies have to go through.The death of the company is the dissolution of the company.From the academic point of view,the dissolution of the company can be divided into judicial dissolution and voluntary dissolution.The judicial dissolution is the dissolution of external force.Voluntary dissolution is the dissolution of internal force.Internal force is the company's spontaneous dissolution method.External force is a company's forced dissolution method.The company law not only guarantees the smooth entry of shareholders into the company,but also provides a good channel for the company's shareholders to withdraw from the company.The case of Mr.Yang v.Baoshan Dongcheng Corporation dissolving the dispute was due to the fact that the company was forced to dissolve due to a stalemate,but at the same time,it was mixed with similar dissolutions.The focus of this case's core dispute is mainly whether the shareholder Yang can dissolve the company according to the sponsor agreement and whether the defendant Baoshan Dongcheng Co.,Ltd.meets the conditions for judicial dissolution.The sponsor agreement is an agreement signed between the sponsors of the founding company to regulate the mutual rights and responsibilities between the companies and the preparatory phase of the company.In the space effect,the effectiveness of the sponsor agreement is limited to the sponsors.In terms of effectiveness,in terms of time effectiveness,when the sponsor's agreement takes effect and the parties' agreement is reached,and after the company is successfully established,as long as there is no other agreement to repeal the sponsor's agreement,the sponsor's agreement continues to be valid.The judicial dissolution company system focuses on the predicament of the company's internal management stalemate,rather than whether the company is operating at a loss.And the fact that the shareholders have agreed to dissolve the company can only stipulate in the company's articles of association the reasons for the dissolution of the company.The dissolution of the company through non-judicial means is through the establishment of a liquidation group to liquidate the company so that the company can write off the company instead of using a lawsuit.In this case,the plaintiffs shareholder Yang applied to the court for dissolving the company according to the sponsor agreement.There is no legal basis and the court should reject the request.Simultaneous struggle between internal shareholders of Baoshan Dongcheng Company led to the failure of the company's shareholder meeting,which did constitute serious difficulties in operation and management,and continued existence would cause Yang's interests to suffer huge damages,and the court's mediation would recover the equity of the plaintiff's shareholders.Still unable to resolve There can be no other way to resolve this deadlock,and Baoshan Dongcheng Company should be dismissed.