Research On The Identification Of Minor Defects In Procedures In The Revocation Of Company Resolutions

Provisions of the Supreme People’s Court on the Application of the Company Law of the People’s Republic of China(4)stipulates two statutory requirements for minor defects in the company’s resolution process: "Slight procedural defect" requires that the degree of the defect is very minor;"No substantial impact on the resolution" indicates that the defect will not change the final The result of the resolution or the defect can be corrected after the fact and there is no need to revoke it.In practice,the identification of minor flaws in the resolution process is different,and there are even abuses of the system of minor flaws in the process.Therefore,research on the identification of minor flaws in the company’s resolution procedures is of great significance for ensuring the realization of shareholders’ rights,safeguarding the efficiency of the company,and preventing shareholders from maliciously filing resolutions to revoke litigation.Through empirical analysis and comparative analysis,the paper explores the judicial application of Provisions of the Supreme People’s Court on the Application of the Company Law of the People’s Republic of China(4)on the basis of the legal provisions of the minor flaws in the procedure for revocation of company resolutions,and points out that when determining the minor flaws in the company’s resolution procedures Existing problems,and put forward specific suggestions to improve the identification procedures for minor defects.The first part is the analysis of the reason for the judgment of minor defects in the procedure.Through the analysis of the collected cases,it can be seen that the main reasons for the judgment when the statutory requirements are used to determine that the company’s resolution has minor procedural flaws include: not affecting the rights and voting results,breaking the company deadlock,multiple resolutions on the same proposal,and the company’s special background And decision-making efficiency.The second part points out the problems in identifying minor flaws in the resolution process.Specifically,it includes: the identification of the two elements is not unified;the relationship between the two elements is not unified;the problem of the lack of interest measurement methods.The third part is to improve the method of identifying minor defects in the procedure.Specific improvement methods include: clarifying the logical relationship between the two statutory requirements for minor procedural flaws;sorting out the types of procedural flaws;expanding the consideration factors of the minor procedural flaws system;and measuring the benefits of individual cases.In this part,the method of case analysis is used to seek the correct application of the system of minor defects in the procedure in the case.