Undo System Of Resolution Of The Meeting

The canceling of resolution of the shareholders ’meeting is one of the important remedy defects, which does good to the perfection of the canceling and flaw system of resolution of shareholders’Meeting.Comparing with Company law (1993), the Article22of Company Law in effect makes provision about the canceling of resolution of the shareholders ’meeting. But in practice, the defects of canceling of resolution of the shareholders’meeting still exist, such as confusing of the canceling and non-existence of the resolution of shareholders ’meeting, absence of non-sue system, imperfections of justice system etc. The disadvantages of the flaw types of shareholders ’meeting have been disclosed by the confusing of the canceling and non-existence of the resolution of shareholders ’meeting; absence of non-sue system has reflected the inflexibility of justice system such as recalling, subsequently confirming or endorsing; omissions about the subject of litigation and guarantee system of the litigation of sue of the canceling of the resolution of the shareholders’Meeting still exist. In order to improving the canceling of the resolution of the shareholders’ Meeting, A comparative analysis of extraterritorial legislation cases has been made in this paper. Compared with the necessity and feasibility of all these systems, restoring suggestions have been propounded in this thesis. Firstly, non-existence of the resolution of shareholders’meeting should be separated from canceling of the resolution of shareholders’ meeting. Secondly, non-sue system should be set in canceling system of the resolution of shareholders’ meeting so as to maintaining the transaction order. Lastly, the subject of litigation should be expanded and guarantee system should be more perfect to keeping balance between the protections of just claim and avoiding abusing the rights of sue.