| The expulsion of shareholder of limited liability company has gradually entered China's company law perspectivesince the provisions in "company law" judicial interpretation(three). But because of the poor in the violation of provisions ofexpulsion of shareholders, especially the controlling shareholder how to be removed.As to the company law and judicial judge, Different people has different views. This paper selected the case of song VS Wanyucompany and Haoxu company about the effect of the resolution ofshareholders of disputes, in the case of the mainline of research, based on the case of disputes between parties in the induction, sorting out the system in the application process of the case, identify the cause of expulsion, there is to be problem from the shareholders voting and voting for delisting procedure. On the above problems, the case reflects the method proposed in this paper by using the comparative analysis, empirical analysis, literature analysis the combination of one by one of its research, this paper draws the corresponding suggestions on the case, and finally puts forward some enlightenment of the expulsion of shareholder issues reflect on the case of the.In addition to the introduction, this dissertation consists of five parts:The first part :The introduction, the comb and the focal point of controversy. This part mainly introduces the song VS Wan Yu and Hao Xu company shareholder dispute case, from the effect of the resolution of the trial court judge combing, and on this basis, summed up the focus of controversy.The second part: The legal analysis of the expulsion of stockholder behavior. This part of the first withdrawal related content contribution of all of the necessary theory are discussed; combined with the above theory, the luxury of Wan Yu company constitutes a withdrawal of all capital, affect the shareholders' right conclusion.The third part: Analysis of the legitimacy of the expelled shareholder voting. In "voting exclusion" and "voting restrictions" difference between the two based on the analysis of the voting rights of the Wan Yu company should apply the legitimacy and rationality and further demonstrated that the total number of voting rights within the number of voting rights Hao Xu owned by the company should not be included in the case of expulsion resolution.The fourth part:The analysis of applicability of the principle of the expulsion of shareholder resolutions. This part mainly introduces the case from the resolution principle and its suitable proportion of concrete, combined with the analysis of the case, that the case of the luxury of WANYU company shareholder qualification from conclusion fully effective resolution.The fifth part: The suggestions of the expulsion of shareholder. According to the expulsion system applicability of this case exposed, how to fill the loopholes in the system, expand the expulsion and improve the delisting procedure three proposals in the current legal system. |
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