Research On The Issue Of Non-establishment Of Shareholders’ Meeting

Defects in the effectiveness of the resolutions of the shareholders’ meeting refer to the contents or procedures of the resolutions of the shareholders’ meeting violating the legal provisions and affecting the legal effectiveness of the resolutions of the shareholders’ meeting.After the promulgation of the "Judicial Interpretation of Company Law(4)" in September 2017,China has established the "tripartite method" type of defects in the effectiveness of shareholders’ meeting resolutions,that is,the shareholders’ meeting resolutions are not established,invalid and revocable.The failure to establish a resolution of the shareholders’ meeting is a serious flaw in the procedures for convening or voting the shareholders’ meeting,which prevents the law from determining that the resolution of the shareholders’ meeting is valid.Searching the Judgment Documents Network for the Beijing“Shareholders’ Meeting Resolution Not Established”cases from September 2017 to December 2019,it is found that the number of shareholder resolutions in China is increasing year by year,and accounts for about 30% of the shareholders’ resolution disputes.The cause of the dispute on the defect of the resolution of the shareholders’ meeting was mainly due to the loose internal management of the company and the contradiction between shareholders holding shares on behalf of the company.At the same time,there are still cases where minority shareholders are deprived of their shareholder rights and the court hears different judgments in the same case in the lawsuit that the resolution of the shareholders’ meeting was not established.Through an inductive analysis of the sample of the case,the non-litigation remedy and the litigation remedy for the issue of corporate governance and the shareholders’ meeting of the judicial trial are determined not to be flawed.Figure3;Table3;Reference 44...