| 英文摘要 |
In recent years, in the practice of our corporate law, frequent controversies arise on the resolutions at shareholders’ meeting. In order to solve these problems in legal practice, the Supreme People’s Court promulgated the “Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law of the People’s Republic of China (IV)” (hereinafter “Judicial Interpretation IV of the Company Law”) on August 25, 2017. Judicial Interpretation IV of the Company Law made significant adjustments in many aspects in defective litigation about resolutions at shareholders’ meeting, including the types of litigation, the eligibility of the plaintiff, and the discretion on dismissal. Lawsuits on defects in resolutions at shareholders’ meeting is an important measure to assure the fairness and justice of resolutions at the shareholders’ general meeting, and to safeguard shareholders’ rights and interests. Therefore, although it remains uncertain whether the amended litigation system for defectives in resolution at shareholders’ meeting can solve the problems in practice, the introduction of Judicial Interpretation IV of the Company Law has aroused wide concern in society. The purpose of this article is to review the amended litigation system for defectives in resolutions at shareholders’ meeting. Meanwhile, taking classification of the defects as the starting point, this article will also explain the potential problems and solutions in the amended litigation system. |
