On The Revocation Of Resolutions Of Shareholders' Meeting

In the organs of the company, the shareholders'meeting is an organ which holds a meeting to execute its power to make a resolution of a shareholder'meeting according to a set of procedures. Meanwhile, the resolution made by the shareholder'meeting should abide by the law and articles of association in a company. If the resolution is against the law or articles of association either in the way of conditions of legal entities or in the way of legal proceedings, it can't be within the law.This paper will do research on the revocation of the resolution of shareholders'meeting, which is due to three reasons: firstly, the revocation of the resolution of shareholders'meeting is complicated and the topic is deserved to be studied; secondly, in the process of the operation of companies, especially the limited liability company, there exists many problems about the revocation of the resolution of shareholders'meeting;thirdly, there is not much research about the revocation of the resolution of shareholders'meeting.So, we need to perfect the topic.With the achievement of the present research and the practice of the operation of companies, this paper will do the research followed by six parts.The first part will introduce the general theory of shareholders'meeting and distinguish the differences between shareholders'meeting and shareholders'general meeting. In reality, many people do not understand the differences between shareholders'meeting and shareholders'general meeting, which makes it necessary, tell the differences between them. Meanwhile, it will lay a solid foundation for the research of the resolution of shareholders'meeting.The second part will mainly discuss the significance of the resolution of shareholders'meeting and the defect resolution of shareholders'meeting.The resolution of shareholders'meeting is a means by which the shareholders exercise their rights. However, the resolution of shareholders'meeting is sometimes defect. Therefore, this part will do research on different defect resolutions of shareholders'meeting.The third part will mainly introduce the legislations of the revocation of the resolution of shareholders'meeting in different countries. The purpose of this part is to show the different legislations in various countries and provide references for the legislation of our own country.The fourth part is one focus of this paper, which will introduce different reasons of revocation of the resolution of shareholders'meeting. The reasons of the revocation of the resolution of shareholders'meeting are various. But, the Company Law legislates in three aspects: one is the regulation of the procedure of making the resolution of shareholders'meeting; one is the regulation of the means of the resolution; the last one is the regulation of the content of the resolution. As for these, it is necessary for us to analyze them one by one in order to protect the interest of shareholders.The fifth part will discuss the revocation of the resolution of shareholders'meeting mainly violating the interest of the individual shareholders'meeting. Once the interests of shareholders are violated by the resolution of shareholders'meeting, how can the shareholders protect their interests? This will be the focus of the fifth part, which is the relief of shareholders'interests. This part will analyze the nature of the lawsuit of revocation of the resolution of shareholders'meeting,the determination of both the plaintiff and the defendant,the prevention of the abuse of lawsuit.The sixth part will analyze the present legislation of our Company Law and find the scarcity of the regulation by the above analysis. In the end, some advice about the legislation will be raised.