Comment And Analysis On The Dispute Of Confirming The Effectiveness Of The Resolution Of Shareholders’ Meeting Of Limited Liability Company

At the moment,China’s economic development has entered a new normal,and the market-oriented economy is getting better and better after years of development.However,due to the deepening of marketization and the continuous enhancement of profit-oriented market subjects,there are more and more disputes about the determination of the effectiveness of shareholders’ meeting resolutions.In the case of "Zhou Moumou and A Investment Co.,Ltd.on the confirmation of the effectiveness of the shareholders’ meeting resolution dispute",both parties had controversies on whether the result of the Shareholders’ Meeting of A Investment Co.,Ltd.to amend the bylaws of the Company was valid or not and whether the resolution of the Shareholders’ Meeting of A Company’s assets provided mortgage guarantee to the third party was valid.The case is simple,but there are some differences in the application of the legal provisions.It depends on the understanding and application of Article 43 and Article 16 of the Company Law of the People’s Republic of China as well as the analysis of the constitutions of the effective resolutions of the shareholders’ meeting.At the moment,there are some ambiguities in our country’s laws,rules and application of the law to deal with this mold of cases Therefore,it is necessary to construct systematic rules applicable to the law of the effectiveness of shareholders’ meeting resolutions,so as to protect the rights of stockholders,safeguard the sound development of the enterprise and push the coordinated development of economy and law.