The Research On The Proposal System Of General Meeting Of Shareholders

The proposal means suggestions that are submitted to the meeting and decided or dealt with in the meeting. The proposal of shareholders' meeting means that suggestions which are submitted to the shareholders' general meeting of company limited by shares by the subjects of proposals decided or dealt with in general meeting of shareholders within the range of rights of general meeting. The proposal system of general meeting of shareholders is a series of rules that the subjects of proposals submit their proposals to the general meeting of company limited by shares in order to take part in the affairs of the company. It has the important legal significance to the limited liability companies. Domestic and foreign all has the related regulations to some respects of the proposal system of shareholders' meeting. The construction of the proposal system needs to base on the jurisprudence theory, the theory of civil law and commercial law as well as the law economic theory.The proposal right is the core question of the proposal system of general meeting. The proposal right refers to the right that is granted to some qualified subjects that can submit qualified suggestions to general meeting require recording in the notice of the general meeting and discussing the proposals in the general meeting. The shareholders, the board of directors, the board of supervisors, the manager, the staff and so on all may propose the advice. The key content of the proposal right is the request of adopting the qualified proposals to the agenda of the general meeting of shareholders. The proposal right also needs to be restricted.In the practice of the proposal system, exercising the proposal right must obey the law or the regulation stipulation, refer the qualified proposal to the stipulated organization or personnel in fixed time, the related organization should give conveniences to subjects and safeguard their lawful rights. The examination organization should examine proposals according to the law or the regulations requirements. If the proposal disputes arise, the proposal subjects can request to convene the general meeting of shareholders or sues to the court and so on to resolve the disputes, and safeguard their proposal rights. At present, our country also has drawbacks to the proposal system of the general meeting of shareholders,...