Research On Relief Of Defects In Shareholders' Meeting Resolution

The resolution of the shareholders' meeting of a company is the result of the expression of the will of the shareholders who hold the majority shares,but if the resolution of the shareholders' meeting is flawed,it will not only damage the shareholders who have been infringed,but also affect the operation of the company,cause obstacles to the internal management of the company and reduce the credibility of the company to the outside world.Therefore,it is necessary to discuss the stock on the basis of defining the criteria for determining the flaws of the sharehold Relief system for defects in Eastern Conference resolutions.China's "Judicial Interpretation IV of Company Law" was formally promulgated and implemented in 2017,which perfected the types of resolution flaws of shareholders' meeting,introduced the system of non-establishment of resolution flaws of shareholders' meeting,but the relevant relief rules still need to be further improved.This paper first clarifies the types of resolution flaws of shareholders' meeting,then studies the effectiveness of different types of resolution flaws of shareholders' meeting,and finally analyses the remedies for defects of shareholders' meeting and related legislative perfection.The first part is the introduction,which mainly introduces the background and significance of this study and the research status at home and abroad.Through sorting out the types of resolution flaws of shareholders' meeting and the remedy system of resolution flaws of shareholders' meeting,this paper points out the basic scheme of further enriching and improving the remedy system of resolution flaws of shareholders' meeting in China,and expects to have certain reference significance for the further study of the relevant system in China.The second part studies the basic theory of remedy for defects of shareholders' resolutions.This part focuses on the imperfection of the current theoretical system of resolution flaws of shareholders' meeting by classifying the theory of resolution flaws of shareholders' meeting and analyzing the mechanism of resolution flaws effectiveness of shareholders' meeting,and leads to the necessity of remedy for resolution flaws of shareholders' meeting.The third part is the remedy system for the defects of shareholders' resolutions.The remedy system for defects of shareholders' resolutions can be divided into litigation remedy and non-litigation remedy.The shareholder subrogation litigation is not an independent remedy for the resolution flaws of shareholders' meeting.Its legislative purpose is quite different from the resolution flaws remedy of shareholders' meeting.The resolution flaws litigation guarantee of shareholders' meeting is an important guarantee in the process of litigation remedy.In the non-litigation remedy,it mainly includes four main remedies: remedy for the defects of shareholder's resolution,the right to request share repurchase of shareholders who disagree with the defects,the convening of shareholder's meeting ordered by the court,and the unanimous action of shareholders without the resolution of shareholder's meeting.The fourth part is the inadequacy of the current legislation on remedy for defects of shareholders' resolutions and suggestions for improvement.In the current legislation of our country,there are no non-litigation remedies for the defective reasons of the revocable shareholders' meeting resolutions and the discretion of judges.This paper puts forward some suggestions on these two aspects in order to help solve practical problems.