Study on Defects of Stockholders’ Conference Notification Procedures
|School||Southwest University of Political Science|
|Keywords||stockholders’ conference defects on procedure resolute effectiveness of stockholders’ conference|
General stockholders’ meeting is an organ of authority of the company, is the shareholders to exercise the rights of shareholders, to realize the corporate governance. However, the General stockholders’ meeting is not the company’s department organ, it’s only exist as conference forms, it’s just be the company organizations when the meeting of the shareholders’ be hold, so it’s normally operation fulfilled by holding regular and temporary shareholders’conference. And then it need to design a series of procedures to safeguard the shareholders to participate in the affairs of the company’s management, advocating and defending their rights and interests by shareholders’conference. This article proceed from the stockholders’ conference notification procedures, by way of analyzing a case, discuss the defects of stockholders’ conference notification procedures, and discussing which legal problem will occur if these defects exists.The full text divides into four parts, the total words is about 17,000, the main frame follows:The first part is the introduction, it analysises the disputes focus of a case by a introduction of rescinding a resolution of stockholders’ conference, which leads to the research object of this article. Namely: stockholders’ conference notification procedures will constitute defects in which situation, and it’s influence on the effectiveness of stockholders’ conference.The second part, the constitution on defects of stockholders’ conference notification procedures. This part through an exposition on a legal notification procedure, to analyse the constitution on defects of stockholders’ conference notification procedures will occur in which situation. Generally, when stockholders’ conference notification procedures break the law, rules and regulations, it’s constitute defects. But there are exceptions, such as in the notified object, some shareholders has not been notified that they provides address errors and others caused by shareholders ownself, that should not be regarded as defects on notification procedures.The third part, the influence on defects of stockholders’ conference notification procedures to the effectiveness of stockholders’ conference. This part individual from the defects of notified deadline and ways, the uncompletion of notified objects and contents to analysis the effectiveness of stockholders’ conference when it constitutes defects. In general, the defects on notification will cause the rescinded of resolution. But in some situations, such as the person who notified not notify by legal and regulations, but all stockholders are aware of the conference and the didn’t raise any objections, the defects on styles of notification do not affect the resolution, it maintains the resolution is effective.The fourth part, this part analysis the case detailedly, and puts forward the author’s suggestions to handle such cases. When maintains that the resolution effectiveness is defective on notification process, it should not applied corporate law rigidly, it should comprehensive observe the case, to balance the interests of all parties, to make the most reasonable judgment.