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Research On Resolution Defect Relief System Of Shareholders’ Meeting

Posted on:2020-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:K W TianFull Text:PDF
GTID:2416330596993969Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the market economy,the company’s position in social life is more and more important.In the process of market economy development,the participation of company shareholders in the company’s decision-making is indispensable.However,when the company makes decisions,it will inevitably have different voices.The shareholders’ meeting will become the main place for competing for the rights of interests,so they are competing for the rights of interests.In the process,things that led to the embarrassment of the resolution occurred from time to time,and many disputes occurred.Among the company,the shareholder meeting is the most authoritative place.Every resolution it forms will profoundly affect the company’s operation and development.It can also be said that the will reflected by the company is the meaning of the resolution of the shareholders’ meeting.Throughout the resolution Inevitably,there will be flaws in procedures or content,which will result in the resolution not being implemented as scheduled or failing to achieve the desired effect.This will have a negative impact on shareholders,companies and third parties related to the company.Therefore,in order to regulate the resolution of the company’s shareholders’ meeting and ensure the validity of the resolution,the Chinese law stipulates the remedies for the resolution of the shareholders’ meeting.However,judging from the existing practice,China’s existing relief system can not fully satisfy the complicated cases in practice,and the relief system of the shareholders’ meeting resolution needs to be improved.This paper introduces and analyzes the theory of the resolution system of the shareholders’ meeting,and combines the cases in practice to summarize the shortcomings of the current resolution of the shareholders’ meeting and the relief system in China.At the same time,it puts forward suggestions for improvement,so that the system can be better China’s market players and economic services.This paper first introduces the background and significance of the research on the resolution system of the shareholders’ meeting,points out the historical background of the resolution of the shareholders’ meeting,and paves the way for the following discussion;then analyzes the connotation and legal nature of the resolution of the shareholders’ meeting through the theory of legal behavior.It clarifies the establishment requirements and the effective requirements of the resolution;it also analyzes the types of resolutions of the shareholders’ meeting,which is the premise of defining the resolutions of the shareholders’ meeting and constitutes the theoretical basis for discussing the resolutions below.The next article introduces the remedies and ways of the current resolution of the shareholders’ meeting in China,and points out the problems.Finally,the author puts forward suggestions for the improvement of the above-mentioned problems.
Keywords/Search Tags:Shareholders’ meeting, Defective resolution, Relief system
PDF Full Text Request
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