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The Shareholders' Meeting Decided To Revoke The Lawsuit

Posted on:2017-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2356330518992604Subject:Law
Abstract/Summary:PDF Full Text Request
The effective resolution of the board of Shareholders which is the company's highest authority will constrain the company and have a significant impact on its shareholders and other stakeholders of the benefits will.Thus,the legitimacy of the process and the content of the program resolution of the board of Shareholders is of great significance.But in reality,the mechanism of the forming resolution of the board of Shareholders is imperfect leading to many disputes on the effectiveness of the resolution.Given the Article 22 of Chinese Company Law being relatively plain,the people's court have trouble in dealing with various circumstances of the resolution of the board of Shareholders.as a result,the often occurring issue such as different judgments among the similar cases and unsettled dispute even the case closed urge us to further explore and improve the relevant regulations.This thesis intends to analyze some theoretical and procedural aspects of the issue of revocation of the resolution of the board of Shareholders.This thesis is divided into three parts,including introduction,body and conclusi on.The introduction mainly explains the basic idea of the meaning and concept of th e author of this article topic and the body consists of four chapters.The first chapter briefly introduces the outline of resolution of the board of Shareholders and the natur e and classification of the revocation judgment of the resolution of the board of Shar eholders respectively introducing the extraterritorial "dichotomy" and "Rule of Third s" and legislation and judicial status in china.The second chapter describes some iss ues on the identification ofthe subject of the revocation judgment and emphasizes the affirmed qualification of the resolution of the board of Shareholders as the subject of the revocation n judgment and the protection of the interests of the third party mean while premising legislation in other countries and regions.The third chapter highligh ts the issues on the object of the revocation judgment of the resolution of the board o f Shareholdersthis paper discusses the litigation of the shareholders' committee resolution undo object and guarantee of litigation,system of discretion to dismiss.The fourth chapter puts forward the author for the shareholders' committee resolution to dismiss the suit procedure were analysed.some proposals,the emphasis is on the shareholders' committee resolution to dismiss the suit announcement procedure,as well as the resolution was revoked during the lawsuit shall be under the jurisdiction of and etc.Conclusion part,the author for the shareholders'committee is summarized in this paper,the decision to cancel the suit is superficial understanding and Suggestions.
Keywords/Search Tags:Corporate governance, the shareholders' committee resolution undo, litigation guarantee, balancing of interests
PDF Full Text Request
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