Study Of The Institution Of Non-established Resolution Of Shareholders' Meeting

For a company,the importance of a shareholder meeting is self-evident.Resolutions made by the shareholders' meeting will have a significant impact on both internal and external companies.Therefore,based on the importance of the resolution,the company law has imposed strict requirements on the generation of the resolutions of the shareholders' meeting and its procedures.Investigate the relevant provisions of the "Company Law",which sets the types of two types of shareholders' resolutions-revocable and invalid.However,in recent years,the newly-mentioned shareholders' meeting resolution disputes have been unable to be well explained and resolved accordingly.When the company did not convene a meeting and then forged a resolution,the resolution was not established,and a factual and legal value judgment could not be made for a resolution that was not established.Therefore,considering its particularity,only by including the system of non-establishment of the resolution into the legal norms can we improve the dilemma brought about by judicial practice and corporate governance due to the incomplete types of resolutions.With the publication and application of the Judicial Interpretation of the Company Law IV,the relevant disputes in corporate governance have been supplemented,filling the gaps in the company law.Interpretation 4 made obvious changes in the legal effect of the legal person's resolution.The new type of resolution was not established.The plaintiff,the cause,the structure,etc.,which did not form a lawsuit,were elaborated and a new theory of resolution was established.The resolution system has thus entered the era of “three-point law”,which strengthens the protection of the legitimate rights and interests of shareholders and better guides corporate governance and trial practice.Moreover,the "General Principles of Civil Law" was also implemented in 2017.The relevant theories on the resolution in the General Principles of Civil Law laid a solid foundation for the establishment of a system for the establishment of a resolution,and exerted the influence of active advancement.By combing the judicial judgment cases that the resolution is not established,and analyzing the specific provisions of the relevant legal provisions,this paper attempts to study the newly established resolutions in China.On the basis of analyzing the legal basis of the system that does not form a resolution,through the empirical analysis of the relevant referee cases,it sums up the shortcomings of the current system,and finally perfects the litigation and non-litigation remedies that the resolution does not form.In addition to the introduction and conclusion,the paper is divided into the following three parts:The main content of the first part is to summarize and analyze the legal basis of the resolution of the shareholders' meeting.The first is to briefly analyze the relevant theories of the resolutions of the company's shareholders' meeting,clarify the connotation and nature of the legal person's resolution,and its establishment requirements.Then,the resolution introduced by the judicial interpretation of the company law IV does not establish this system for discussion and analysis.The main content of the second part is to study the problems of the establishment of the company's shareholder meeting resolution system through the case study method.The main content of the third part is to put forward the litigation and non-litigation remedy suggestions for the problems existing in the improvement of the system of the shareholders' meeting.