Research On The Validity Of Defective Shareholders' Meeting Resolution

A resolution of the shareholders' meeting the effectiveness of the company's highest resolution, when the resolution of shareholders defective, will not only affect the company's own interests,can affect the company's shareholders and the interests of the stakeholders of the company, may even affect the company's decision-making and the future development of the company.In order to safeguard the interests of the shareholders and creditors of the company, the company law of our country stipulates the remedy procedure of the resolution of the shareholders' meeting.In recent years,with the development of the country and the company, a large number of programs do not belong to the litigation case in the judicial practice, the reason is "legal nature of company law" does not recognize the resolution invalid lawsuit and the revocable resolution of litigation.Based on the analysis of Li CI is Mousu shareholders food processing limited liability company will effect disputes as the premise, through the relevant academic analysis, in the case of China related defective shareholder litigation and resolution procedure in China "company law interpretation four (Draft)"the relevant legal provisions for litigation type in our country, the defective shareholder will determine the procedures for the relief of resolution of litigation subject and prosecution during the limitation of the author's suggestion is given.We hope that through the analysis of the above problems can make the company faces can be distinguished clearly belongs to the relief program type, whether it has the lawsuit qualification and the subject and whether it exceeds the limit during the prosecution of the defective resolution of the shareholders' meeting, the major shareholder of the limited liability company will regulate the procedures, to avoid the defective and reduce the cost of litigation.First of all, this article will carry on the corresponding description of Li shareholders food processing limited liability company will force dispute case, summed up the focus of controversy in this case will be related to the effectiveness of the resolution flaws of shareholders.Secondly, for determining the types of litigation, the author of the first classification standard between three kinds of litigation types are defined, then with each kind of situation in detail, the parties can exactly distinguish types of defective shareholder resolution.Secondly, for determining the types of litigation, the author of the first classification standard between three kinds of litigation types are defined, then with each kind of situation in detail, the parties can exactly distinguish types of defective shareholder resolution.Third, the author will through the combination of the provisions of the draft for discussion of the corresponding definition and litigation subject restrictions, the parties can clearly know whether it has the qualification of the subject of action and whether more than during the prosecution.Due to the particularity of the subject of litigation and the limitation of limitation of action, the author will focus on the resolution of the shareholders' meeting.Finally, the author hopes that through the reasonable analysis of the differences between the theory and the judicial practice, the author hopes to contribute to this draft.