Study On The Convening System Of Shareholders' Conference

In order to protect the validity of shareholders' conference as well as the legality of the resolution, Company Law provides the procedure for shareholders' conference, which named convening of the shareholder meeting. Convening system of shareholders' conference is a starting point to run the whole meeting, which also plays an important role to make it proceed smoothly and protect rights of shareholders. Therefore, countries abroad almost carry out pretty complete rules for convening system of shareholders' conference in company legislation.Construction of convening system of shareholders' conference need comprehensive use of theory on Jurisprudence, Law and Economics, Business Law and also need all kinds of measures such as law, company rules to support and protect it. Using concept of modern corporate governance and balancing internal governance structure is the only way to maximize the legislation effectiveness for construction of convening system of shareholders' conference.Constructions of convening system of shareholders' conference mainly includes the origin of an incident in the system, who has the power to convene, time, notice, effectiveness and the disposal of the conflicts. The origin of an incident includes regular shareholders' conference and temporary shareholders' conference; person who has the power to convene means he has the right to convene shareholders' conference, which is a important part of convening system and close relation to value of convening system; convening time matters if person who has the power to convene can convene the shareholders' conference on time so as to maintain a good running of company; convening notice means when and how to let shareholders get conference information so they can take part in it; convening effectiveness contain effective convening and flaw convening; disposal of the conflicts is to solve the problems on slack activities and fierce activities for convening rights.There are many insufficiencies lie in our present Company Law for rules on convening system of shareholders' conference, which can't meet the need of company practice, therefore, it is essential to complete legislation system and concrete content in order to set up a perfect convening law system of shareholders' conference.