On Shareholders (large) Resolution Convening Process Defects

The shareholders' meeting is the organ that decides the intention of the company.In the meeting,the shareholders make their intention expressed and form the resolution of shareholders'meeting.The convening procedure of the shareholders' meeting is the starting point that the shareholders'meeting operates.It is very important to the meeting.This article mainly talks about the influence of convening system to the effectiveness of the resolution maked by the shareholders'meeting.The article is divided into three parts, including introduction, main text and conclusion.The introduction briefly introduces the significance of resolution of shareholders'meeting to the company and its shareholders and the basic thoughts about the structure of this article.The main text comprises five sections.The first section introduces the meaning and characters of resolution of shareholders'meeting. Shareholders'meeting is the sovereign organ of the company, and the resolution of shareholders'meeting,is a special juristic act Legitimate and just procedures are indispensable and prerequisite to the formation of resolution.The second section introduces the convening procedure. The convening procedure of the shareholders' meeting is the starting point that the shareholders'meeting operates.It is very important to the meeting.The third section mainly talks about the content of the convening procedure,including the man who have the right to convene,the way how to make the convening notice,the people who should receive the notice,the content what to be noticed.and the flaws which may appear in the procedure.The fourth section deal with the influence of convening procedure to the resolution of shareholders'meeting. This dissertation thinks that if the man who convenes have no right,the gathering of shareholders could not be seen as a shareholders'meeting,and the resolution that makes can not been thought as a resolution of shareholders'meeting.But when the flaws consist in the noticing procedure,the effectiveness of the resolution is voidable.The fifth section talks about the means which can remedy the flaws existed in the convening procedure .Although the flaws in the convening procedure could influence the effectiveness of the resolution,making the resolution rescinded without any exception would be detrimental to the interest of the shareholder or company.So,we should make the measures to remedy the flaws.The conclusion of this article is that the convening procedure is very important to the meeting,any flaws in the procedure could influence the effectiveness the resolution,but to protect the interest of the shareholders and company,the law should regulate the means to remedy the flaw.