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The Judicial Confirmation Of The Effect Of The Resolution Of The Board Of Shareholders Of The Limited Company

Posted on:2020-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:H Q MaFull Text:PDF
GTID:2416330575990219Subject:legal
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In recent years,with the constant changes in the economic environment,more and more variable factors have caused the company to have many legal disputes in the process of business management.For example,the frequent disputes over the resolution of shareholder resolutions.However,at present,China's legislation on the resolution of the company's shareholders' meeting is not perfect,resulting in the failure to form a unified standard for the handling of such disputes in judicial practice.In the case of Wang Molun,a passenger transport company confirming the validity of the resolution of the shareholders' meeting,the plaintiff Wang Moulun and the other 10 investors jointly set up a passenger transport company.During the operation of the company,due to government regulations prohibiting private employment in the transportation industry,as a result,several parties involved in the case signed an agreement with a passenger transport company to register their privately owned transport vehicles under the name of the passenger transport company and continue to engage in private transport business in the name of a passenger transport company.During this period,several parties involved in the case convened a shareholder meeting on the grounds of the company's shareholder status and made relevant resolutions,which led to disputes over the validity of the resolution.According to the provisions of the laws and regulations on the resolution of the shareholders' meeting in China,and with reference to the theoretical research of academic circles and the relevant jurisprudence in judicial practice,the paper focuses on the main controversial focus of this paper.The author believes that the resolution of a passenger transport company convening a shareholder meeting cannot be established.This case is only a case of disputes resolved by the shareholders' meeting.The author hopes that based on the existing legislative provisions of China,on the basis of understanding the deep meaning of the provisions,it provides some thoughts and suggestions for clarifying the disputes on the resolution of the shareholders' meeting.
Keywords/Search Tags:resolution of the shareholder committee, No decision, Company management
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