The Litigation Relief for the Defects of the Resolution of the Shareholders’ Meeting
|School||East China University of Political Science|
|Keywords||the shareholders’ meeting defective resolution litigation relief|
The shareholders’ meeting is very important for the limited liability companyand it makes the resolution of the shareholders’ meeting to form the company’sgoals,So if the resolution of the shareholders’ meeting violates the law oradministrative regulation, then the resolution is invalid, and if there are defects in theprocedure, for example, calling or the voting form for the shareholders’ meeting; orthe resolution violates the bylaw of the company, the shareholders can request thepeople’s court to revoke it in60days from the day when the resolution is made. It’sthe litigation relief.This paper tries to put up some practical proposals for the improvement of thesystem,based on the systematical analysis for the litigation relief system for thedefects of the resolutions of the shareholders’ meetings,together with the problemsfrom the judicial practice, to find the questions then to analysize and absorb therelative law from foreign or domestic other relevant legislation, to make the system tomeet the need of the social development and the judicial practice.This paper is divided into four parts.The first part summarizes the basic theories of the shareholders’ defectiveresolution and the litigation relief. The second part analysizes the cases from thedatabase,then tries to illustrate the problems. The third part analysizes the problems of the aforesaid system from four different prospectives. The last part then tries to put upsome practical proposals for the improvement of the litigation relief system for thedefects of the resolutions of the shareholders’ meetings.