The Shareholders Meeting Resolution Flaws In Legal Studies

As the supreme organ of meaning decision, shareholders’ meeting passed a resolution tothe shareholders shall exercise their voting rights. General meeting of shareholders forshareholders, it is a claim and maintain their own rights, supervision company ACTS a keyplace. The shareholders meeting resolution formation is the process of shareholders willtranslate company will a process, finally formed the resolution is closely related to theinterests of shareholders. So, the resolution both in procedural and content should not beflawed. The company law of our country after four times larger changes, which about theshareholders meeting resolution flaws of the law is a process from scratch. First of all, in1999,the company law, and no provisions relating to the shareholders meeting resolution defectcontent of law; Until2004, the company law to explicitly put forward for the shareholdersmeeting resolution flaws of the law. The drawbacks of the legal consequences includerevocable resolution of the shareholders’ general meeting and the drawbacks of theshareholders meeting resolution invalid. Aimed at the problems of a society, the law fromattention, at the same time give a defined in the legislation, the progress is a kind of legalsystem. Article, however, the law was enacted, scholars for the shareholders meetingresolution flaws of opinion,"dichotomy" legislative mode for the "dichotomy" the legislativemode of academic papers is also springing up. The key points of the discussion, is to thinkthat more "dichotomy" the definition of model is not scientific. On March1,2014, after thefourth modification of the company law will be officially implemented. Is unfortunately inthis a new "company law", we don’t see according to article22, namely the shareholdersmeeting resolution flaws of a legislative amendments.Although new "company law" in China without the "rule of thirds" mode is introducedinto the law, but it won’t stop us from understanding and recognition "trichotomy "model ofrationality and scientific nature. In this paper, by comparing the "dichotomy" and "three-pointmethod" divide the pattern to the analysis of the disadvantages of "dichotomy" effectivenessmodel, at the same time introduced the "rule of thirds" scientific nature and rationality of theeffectiveness of the model. At the same time, the paper also details the shareholders meetingresolution flaws relief present situation in our country, there is the disadvantages of all kindsof benefits, including the lack of judicial relief and judicial relief. That some are some flaws in thelegislation and practice of the company law in our country, the author tries to found theproblem, analysis problem, problem-solving ideas to finish the paper.This article is divided into five parts, the first part is introduction, mainly introduces theresolution of the shareholders’ general meeting and the shareholders meeting resolution flawsof legal concepts, at the same time, through the case to lead to the shareholders meetingresolution flaws of related legal problems. The second part is the first chapter of this article,introduces the legislative status quo of the shareholders meeting resolution flaws and lack ofthe shareholders meeting resolution flaws of legislation in our country. The third part ischapter two of this article, the main draw lessons from foreign and our country Taiwan areaabout the advantages of the shareholders meeting resolution system. The fourth part is thethird chapter of this article, the main content of this section is put forward to perfect oursystem of the shareholders meeting resolution flaws. The fifth part is the conclusion of thisarticle.