Empirical Study On Validity Determination Of Company Resolutions With Forged Signatures Of Shareholders

In the dispute about the validity of the company's resolution and the dispute over the revocation of the company's resolution,what is considered to be the major difference in the validity of the resolution is the resolution of the shareholders' meeting regarding the forgery of the signatures of shareholders,that is,some shareholders or non-shareholders risked forgery for personal rights and other interests.The signature caused the company to resolve the dispute.The current company law lacks specific and clear rules and standards for the determination of the effectiveness of company resolutions,which results in very significant differences in the judgment results of such disputes.The validity of forged signature resolutions is determined to be invalid,revocable,and unfounded.Different referee results.In judicial practice,there are abuses of invalid judgments on the resolutions of this type of forged signatures,which mainly fail to distinguish whether the signatures of those who forged voting rights belong to procedural defects or content defects.Although the new judicial interpretation establishes the system for not establishing resolutions,it is a difficult research point to determine the facts and apply the rules to forged signatures.This article takes the resolution of the shareholders' meeting formed by forged signature as the research object,and intends to conduct an empirical analysis on the case ruling sample,and builds specific judgment rules for this type of resolution disputes on the basis of this practice.The first part aims to obtain a series of data on the flawed system of company resolutions by collecting,screening and analyzing cases of company resolutions forged signatures judged by the courts in practice.According to statistics,the specific problems that arise in the practice of this type of cases are pointed out.The empirical investigation results of the validity of the company's resolution with forged signatures are used as the basis of the article research to ensure that the research in this article has practical value and significance,so as to draw specific conclusions and make recommendations.The second part focuses on the analysis of the legal basis and the applicable cause basis which have great differences in judicial practice: the untrue representation of intent,the infringement,and the defect of convening voting.In addition,a theoreticalanalysis is made of the results of invalidation,revocation of the resolution,and failure to establish a judgment,and to explore the court's different approaches to similar cases in judicial practice and the differences in the main legal principles.The third part discusses and combs the path of determining the validity of the forged signature resolution.Its identification path first defines the classification criteria for the types of flaws in resolutions of forged signatures,and it is necessary to make accurate judgments based on the degree of program flaws.The general procedure is illegal if the resolution is revocable,and if the degree of defect is serious and it is difficult to determine that the resolution is established,the resolution is not established.Secondly,the effectiveness of different interests should be distinguished,and the effectiveness should be identified and judged based on the individual rights of shareholders or corporate matters.Finally,the discretionary refusal system can be applied according to the legitimacy of the procedure and the stability of the company's legal relationship.