Research On The System Of Non-established Resolution Of Shareholders' Meeting

The resolutions of the shareholders' meeting included flaws in the content and defects in the procedure.The resolutions of the shareholders' meeting would have a major impact on the company and even had irreversible risks.Therefore,no matter whether it is the flaw in the program or the content,the law must regulate it as much as possible.In order to prevent the company's resolution from being able to exist,such risks as large or small,will not result in the loss of the legitimate rights and interests of the company or its shareholders due to the improper resolution of the company.China's current Article 22 of the “Company Law” clearly stipulates the relief system adopted by China's resolutions for shareholders' meetings.In terms of the contents of the resolutions of the shareholders' meeting,a complex and perfect system has been constructed,which is regulated by two different systems,the scope of violation of the mandatory norms of the law will be determined by the system of invalid resolution.If the content violates the company's articles of association,it belongs to the scope of private law autonomy,and the resolution may be revoked to adjust.However,it is also the theoretical construction of the procedures for resolutions,but it does not have the severity of territorial deliveries in the strict sense,and the resolution can be revoked.Years of practical experience have shown that the drawbacks of the problems in the resolution procedures are increasingly hampering our judicial practice.After studying the advanced experience and legislative basis of foreign countries,it was found that Japan and South Korea established an independent type of resolution that did not establish a resolution,and that it was more meticulous and reasonable in the division of procedures.The lawsuits and resolutions that Germany and China's Taiwan region still resolve to invalidate may revoke this classification.There are no relevant provisions in the legislation,but in its judicial practice,some cases exceed this classification.This article attempts to discuss the resolution of the system is not established,with a view to the development of China's decision-making system will be helpful.The remedy system of China's companies.The first part is the summary of the resolution system of the shareholders' meeting,which I will state different kinds of the resolution flaws.The second part pays attentions on the questions under the new background of law.The third part makes relevant comparisons with the examples of continental legal system.The fourth part gives some advice to our law system what we learn from the continental legal system.