Research On The Exclusion Of Shareholder’s Right Of Voting In Expulsion Of Shareholder

Shareholders’ voting right is a fundamental right of shareholders.Shareholders of the Company can control and effectively manage the affairs of the Company by participating in the management and decision-making of the Company,exercising the right to vote or recall in the resolution of the shareholders’ meeting by means of capital majority voting method.In essence,the voting right is also a kind of control,the shareholders can protect their right and self-interest to be achieved through exerting voting rights.Article 17 of the Supreme People’s Court’s Provisions on Several Issues Concerning the Use of Company Law(3)(hereinafter referred to as "the judicial interpretation of the Company Law")stipulates that when the shareholders fail to perform their investment obligations or withdraw their full investment,the Company may,through the shareholders’ board,remove shareholders’ name from the rolls.But whether removed shareholders ‘voting right should be excluded,the rules of excluding voting right and the remedial means after it have not been clearly defined in Company Law and other judicial interpretation,so there is no uniform referee standard in judicial practice.Therefore,we need further discussion on the issue of voting rules in the resolution of shareholder resolution.Based on the practice of Song Yuxiang & Shanghai International Trade Co.,Ltd.,this paper studies the voting rights of shareholders in China’s shareholders’ de-listing system.The case has been limited to the exclusion of the de-listed shareholder Haoxu company in the resolution of the voting rights in the focus,combined with the mature experience outside the domain and China’s current judicial situation and judicial practice analysis,the full text is divided into four parts.The first part mainly introduces the case,the focus of controversy,and the results of the trial,through the analysis of the case,summed up the controversy in this case focus.The second part is the judicial dispute concerning the exclusion of voting rights in the de-listing system.By analyzing the first and second court of the trial of ideas,looking for the reasons for the dispute.The third part is about the proper removal of the voting right in the shareholder removal system.Based on the analysis of the voting rights in the system of de-listing of shareholders and foreign shareholders,the purpose and function of voting right exclusion are discussed to discuss the legitimacy of voting right in shareholder deceit system.The fourth part is based on the analysis of judicial practice and related theories,and put forward the conclusion of the final part,which is about the application of the rules of voting right of delisted shareholders,standardizing the rules of voting right in the delisting system and the suggestions of judicial remedy for delisted shareholders whose voting right is demolished.