Shareholders Of Forged Signatures Of The Shareholders' Meeting Resolution

With the rapid development of the economy, there are more and more economies participating in the market economic activity, mainly in the form of the company, partnership, individual businesses and complex family business, in which company is a particularly important one. Nothing can be accomplished without norms or standards. Where there are social operations, there are rules. The company has its own charter agreement, as well as the countries and the market. There will be many fouls and violations caused by the benefit and the vanity.The company is related to economic interests, and there is great “power” involving in its corresponding position, like human management. When it comes to company's investment management such as investment planning, operating principles, whether it is compliant with business objectives, whether it is feasible, whether it can bring profit to shareholders, they determine the expected benefits of the shareholders and even the fate and prospect of the company. When it comes to company's deliberative and resolution power, including the company's capital, the bond issues, the merger and acquisition, division, changes of corporate form, dissolution and liquidation, they are related to the investment returns to shareholders. The company is an economic organization form of capital and personal with multipartite interests in operation. When conflict occurs caused by a stake, some crooks may take some illegal means, such as the major topic in this paper to talk about that the validity of the shareholders' meeting resolution when shareholders are forged signature is to be explored. There exist vacancies in the legislation and are quite controversial theoretically when it comes to the question of the validity of shareholders' meeting resolution and the forged signature. This will bring about uneven court decisions in judicial practice. For example, the same issues may result in different sentences or the same sentences based on different legal. Therefore, the present study to be investigated is necessary.This paper has been divided into four parts. The first part mainly describes the theoretical background, the basic status, and proposes the question. The second part focuses on the specific categories of the forged signature of shareholder, which led to the partition mode of the effect of defective resolution, as well as analysis of different validity of the corresponding shareholders' resolution on corporate groups by means of classification. The third part mainly discusses the remedies of different defective resolutions which come into being in forging shareholders' signature and application of law about the “Companies Act” and the forthcoming judicial interpretation. On the basis of the “Companies Act” and “Civil Procedure Law”, combined with the trend of judicial interpretation of the Supreme Court “Companies Act explanation(?)(Draft)”, it comes to the conclusion that the introduction of the new resolution validity identification model – “lawsuit of invalid resolution” is necessary. This will promote the link-up of the theory, legislation and practice, and realize the purpose of settling disputes.