The Research Of The Protection Of The Shareholder's Interests In The Process Of Amending The Articles Of Association

Articles of Association in the company occupies a very important position, the behavior of elements is established. The autonomy of the company articles ofassociation rules is the most basic normative documents, which require a company organization and operations of the most fundamental issues involving the company in the regulations the fundamental interests of the shareholders, it is the similar to the constitutional nature of the "fundamental law." Externally, the legal articles of association demonstrate the company's personality; Internally, the company's articles of association society organizations condensation mechanism. The establishment of the constitution of the company to develop each company's shareholders game, the result of equity, the shareholders had agreed charter recorded and the articles of association of the book because of the terms acceptable, the expected shareholders to realize their own interests, otherwise, they can choose the " foot vote ", but the company's operations after the establishment of the process, when the company and for some reason need to modify the articles of incorporation, the company's shareholders, especially minority shareholders may not be effectively protected.This will be the building materials company, Jiangsu Dafeng deer abundance of transfer of ownership case, for example, the response to the focus of the case as a starting point, focusing on the ability to modify and amend the articles of association process should follow the basic principles. This addition to the introduction the main content is divided into five parts.The first part is the basic case, that is, building materials company, Jiangsu Dafeng deer abundance of transfer of ownership case.The second part is identified and the court ruling, that part is to introduce the court building materials company, Jiangsu Dafeng abundance of deer during the case of transfer of shares and final conclusion.The third part is the focus of controversial cases, that part will list the building materials company, Jiangsu Dafeng deer abundance of transfer of ownership issues the main focus of the case of debate, such as whether to modify the articles of association can be completely free.The fourth part is the research and analysis of the case, that part of the body of this article first discusses the problem could amend the Articles of Association, in part from two aspects, one is the nature of the articles of association, on the other hand Articles of Association is to demonstrate that the arrangement is not the private interests of shareholders, and its autonomy is limited. Articles of Association will be further explored and then modify the principles to be followed in good faith, the principle of prohibition of abuse of rights and not infringe the principle of shareholder legal rights.The fifth part is the conclusion, through the analysis of the previous section, combined with building materials company, Jiangsu Dafeng deer abundance of transfer of ownership case, come to modify the constitution null and void case, the defendant's conclusions and recommendations.