Defects Of Shareholder Meeting's Resolution

The general meeting of shareholders,which is the important platform for shareholders to exercise it's rights in way of resolution.The procedure of General meeting of shareholders' resolution must abide by laws and the certificate of incorporation if the certificate has already set the rules.If the content of resolution doesn't comply with laws and the certificate of incorporation as well,the effect of resolution will be negatively judged by law.Chinese Company law has made some remedies for the flaws of resolution,but comparing to the advancese experience of other countries and districts,it still needs to be perfected.This dissertation discusses the classification of flaws of resolution,and analyzes the effects of resolution with flaws.This thesis contains mainly four parts.This paper is divided into four parts, the first part of the definition in the law of the shareholders' meeting of blemishes. Connotation meeting resolution, nature, manifestations of these three areas will be specifically described basedThe second part discusses the flaws of the General Assembly resolutions on the effectiveness of the system of civil behavior to classify and analyze the effectiveness of defect resolution can follow the civil standard of conduct classified as invalid resolution, revocable resolutions and resolutions does not hold.The third part discusses the benefits of defects in the protection of shareholders' meeting resolution flawed resolution for relief in two ways, one is a non-litigation cure peaceful way, and the other one is tough justice by way of cure the way. Resolution defect litigation is the way for relief through legal channels, including the resolution invalid, revocable, does not hold the three lawsuits. The section on the litigants, proceedings before the specific legal consequences are discussed.The fourth part of this stage is how to deal with General Assembly resolutions flaws and how to carry out relief flaws, as a basis to explore can make improvement. This parts is,in connection with deficiency of the defect and remedy system,about the suggestion perfecting the defect and remedy system in our country.The suggestion contains:perfect the nonjudicial remedy system of revocable resolution,perfect the judicial remedy system.