On The Defect Of Resolution Of Shareholder Meeting

The general meeting of shareholders is the platform to realize their own volition for them through the exercise of their right. The resolution of the shareholders’ assembly made must comply with the laws, administrative regulations and mandatory provisions of the articles of association of the company. If the content or procedural of the Shareholders General Assembly resolution has violations with law, administrative laws, or the articles of association of the company, the resolution made regarding the presence of content or procedural flaws, effective resolution will be legal negatively evaluation. If the resolution of the shareholders’assembly has defects, these problems in-depth study, such as how to evaluation on victimization shareholders’ rights relief has important significance in theory and practice. New "company law" of China to the resolution of the shareholders’ assembly defects and relief system has made corresponding arrangement, but still has many deficiencies, with the need to be further improved.The writer thinks the resolution of the shareholders’ assembly properties, including mean forming said, juristic act said, and common nature.Defect of shareholder meetings resolution is divided into procedural flaws and content flaws, defective resolution effectiveness include the resolution invalid, irrevocable and no established. The defective resolutions of remedy are based on defective resolutions of the nature and effectiveness of the correct analysis.The resolution of the shareholders’ assembly defect relief is mainly divided into non-judicial remedy and judicial relief from two categories, called procedure with immunity, resolution of the withdrawal and the resolution of the ratification of the judicial relief to the defective resolution invalid, the cancellation and the means of the judicial remedy.The writer thinks the new" company law" in improving the resolution of the general assembly of shareholders and the protection of the rights of shareholders breakthroughs as well as our country current resolution flaws of general meeting of shareholders to the lack of legislation in China, aiming at the defect of shareholder meetings resolution and remedy of the inadequacies of the system proposed improvements, including perfecting shareholders defective resolution effectiveness classification; establish resolution defects of judicial relief system; improve the defective resolution procedure guarantee system.