Comment On The Litigation Issues On Effect Of Corporate Resolution Of Trade Union In A Company V.the Company And Its Shareholders

In August,2017,Provisions of the Supreme People's Court on Several Issues concerning the Application of the Company Law of the People's Republic of China(IV)was released,which establish the action of null resolution and marked the company resolution of the defective litigation system was further improved.However,in practice,a lot of judges overlook the company resolution defects system and select general rules of legal act in the face of the resolution of shareholders in the dispute.Unfortunately,they make some contrary judgements,which destroy public credibility of The Company Law.The litigation issues on effect of resolution of shareholders'committee of Trade Union v.the company and shareholders in Banan pharmaceutical company is a typical case.There are some controversial focuses in this case:whether the chairman of the Trade Union has the right to make the Declaration of Will of dealing with the property in represent of the Trade Union.whether the resolution of the shareholders' equity will be effective.whether the investment certificate signed by the company based on the resolution of the shareholder committee is valid in this case.Based on the case,combined with the relevant legislation and law theory research,and sorting out the thinking of the case of induction,after comprehensive analysis,we draw the following conclusions:The chairman of the Trade Union does not have the right to make the Declaration of Will of dealing with the property in represent of the Trade Union.the resolution of the shareholders' equity should be null resolution,because the company failed to prove that the shareholders meet the resolution of the establishment of the conditions.the investment certificate signed by the company based on the resolution of the shareholder committee is valid in this case,because half of the shareholders(Employee shareholders)agreed with issuance.Finally,only by taking the current legal norm system as the foundation,taking the judicial explanation and the guide case as the way,clearing the terms of reference of the shareholder meeting,standardizing the thinking of the case referee and setting up the lawsuit limitation system,can we better guarantee the implementation and perfection of the company resolution of the defective litigation system.