Legal Study Defective Resolution Of Shareholder Meeting

In recent years,companies have already become the most active economic entity to some extent along with the development and improvement of socialist market economic system.And shareholder meeting resolution as the will representation of the shareholder meeting which is the supreme organ of one firm,is all the shareholders’ abstract intention,its effectiveness not only concerns the company’s normal work order,the shareholders’ and other interested parties’ interest,but also have great effect on the whole market economy.So,there is no doubt that the shareholder meeting resolution’s effectiveness is very important.However,procedural illegality and substantive illegality exist in the work of shareholder meeting during the practice,and it directly caused all kinds of issues in shareholder meeting resolution,following more and more company lawsuits.Although there are legal rules about shareholder meeting resolution effectiveness issues in our Company Law,the main problem is the deficient practical application and the judge has more discretion under the clauses.Inevitably,the judicial practice does not coincide.Therefore,the latest Juridical Interpretations make a respond in specialty for the questions of apparent resolution,non-existent decision etc.,but it can’t solve the shareholder meeting resolution issues wonderfully.This text devotes to explore the highlighted problems exist in lawsuits about shareholder meeting resolution by treating a case about forging signatures of other shareholders to reach a meeting resolution as hitting-point,and I really hope my text is helpful.There are 5 parts in this thesis:Part One: Introducing a typical case about controlling shareholders forge minorities’ signatures to reach a resolution,then analyzing different judgements between court of first instance and second,and summarizing the focal point of the case.Part Two: Summarizing several types of resolution effect in theory at home and abroad and generalizing patterns in existence,pointing out their advantages and defects and then giving a highly summarization about the evolvement of our legal rules.Part Three: Comparing different reasons about resolution flaws of general meeting of shareholders,confirming the types of flaw further and ensuring which type the resolution whose signature is forged is,maybe it’s procedural flaw or content flaw?Part Four: Responding to the case and putting forward my suggestions based on different viewpoints and relevant cases.Part Five: Making relevant suggestions for our legislation about shareholder meeting resolution and wishing its statutes to become more complicated.