Shareholders Meeting Resolution Does Not Establish Problem Research

On October 26,2018,the Interpretation of Company Law(Ⅳ)clearly stipulated the application situation of the defect classification method of resolution invalidity.Before that,there were only two defect classification methods.The new resolution of the shareholders’ meeting can not only improve the legal deficiency,but also a legal recognition of the judgment of the shareholders’ meeting resolution in judicial practice.The provisions of Interpretation of Company Law(Ⅳ)on its application situation did not sum up all the circumstances,and did not stipulate the legal consequences and cure mechanism of non-litigation relief.Meanwhile,the lack of provisions on the resolution of the shareholders’ meeting of the Company Law also caused the lack of connection between the resolution and the provisions of Interpretation of Company Law(Ⅳ),so that the legal status of the resolution of the shareholders’ meeting still needs to be strengthened.The shareholders’ meeting resolution is not tenable,which is a supplement to the flaws of the shareholders’ meeting resolution.This paper analyzes the commonness and differences between the shareholders’ meeting resolution and other resolutions.Analyzing the commonness helps to understand the legal consequences of the shareholders’ meeting resolution,and analyzing the differences helps to understand the rationality and necessity of the shareholders’ meeting resolution,and then clarify the value of the resolution.There are still many problems in the failure of the shareholders’ meeting resolution.This paper studies the applicable situation,legal consequences and cure mechanism of the failure of the shareholders’ meeting resolution.Draw lessons from the provisions of Japan and South Korea on the applicable circumstances,and add general provisions on the applicable circumstances of shareholders’ meeting resolutions;Drawing lessons from the provisions of Germany on the nonlitigation relief mode of shareholders’ meeting resolution,we will add a cure mechanism.There are still many shortcomings in the provision that the shareholders’ meeting resolution is not established,but it has been applied in China’s judicial practice.China’s "Company Law" should pay attention to improving the relevant issues of the system of shareholders’ meeting resolution,so as to further improve the types of defects in shareholders’ meeting resolution.