英文摘要 |
"While the procedure for convening a shareholders’meeting or the method of adopting resolutions thereat is in contrary to any law, regulation or the company’s Articles of Incorporation, a shareholder may, within 30 days from the date of adoption of the said resolution, file a petition to the court for rescinding such a resolution. It should be the goal of the relevant law to make the court efficiently enter correct judgments on the litigation of revoking the resolutions of the shareholders meeting. This article introduces the evolution of the law governing the revocation of the resolution of the shareholders meeting, analyzes the disputes between the plaintiff and the defendant and other procedural and substantive issues regarding the standing for bringing the action for revocation. This paper also discusses the issues of the grieving shareholder’s action for revoking the resolution of the shareholders meeting. This article contends that because the parties do not have the authority to dispose of the subject matter of the action for resolution, and because that the revocability of the resolution can not be settled by the agreement of parties, a compulsory mechanism of pretrial mediations are not appropriate. The newly established mechanism of commercial investigation officers and expert witnesses in the trial of commercial cases should be able to facilitate an efficient trial, but the court should disclose the commercial investigation officer’s report to the parties to give it fully examined during trial. With regard to the trial timeline, this article contends that the commercial court should expedite the trial for actions of the revocation of the resolution of the shareholders meeting as the expedited preceding under the Civil Servant Election and Recall Act in order to fully implement the legislative intent of establishing a commercial court." |