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Circumstances where the resolution of the shareholders' meeting is invalid

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Circumstances where the resolution of the shareholders' meeting is invalid


        

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  • 2024-06-17 15:00:01

    The resolutions of the shareholders' meeting, shareholders' meeting and board of directors of the Company that violate laws and administrative regulations are invalid.
    If the convening procedure and voting method of the shareholders' meeting, the shareholders' general meeting or the board of directors' meeting violate laws, administrative regulations or the articles of association, or the content of the resolution violates the articles of association, the shareholders may, within 60 days from the date of making the resolution, request the people's court to revoke it.
    If a shareholder brings a lawsuit in accordance with the provisions of the preceding paragraph, the people's court may, at the request of the company, require the shareholder to provide corresponding guarantees.
    If the company has handled the change registration according to the resolution of the shareholders' meeting, shareholders' general meeting or board of directors, and the people's court declares the resolution invalid or cancels the resolution, the company shall apply to the company registration authority for cancellation of the change registration.

    Legal basis

    Article 22 of the Company Law [Invalidation or Cancellation of Company Resolutions] The resolutions of the shareholders' meeting, shareholders' meeting or board of directors of a company that violate laws and administrative regulations are invalid.
    If the convening procedure and voting method of the shareholders' meeting, the shareholders' general meeting or the board of directors' meeting violate laws, administrative regulations or the articles of association, or the content of the resolution violates the articles of association, the shareholders may, within 60 days from the date of making the resolution, request the people's court to revoke it.
    If a shareholder brings a lawsuit in accordance with the provisions of the preceding paragraph, the people's court may, at the request of the company, require the shareholder to provide corresponding guarantees.
    If the company has handled the change registration according to the resolution of the shareholders' meeting, shareholders' general meeting or board of directors, and the people's court declares the resolution invalid or cancels the resolution, the company shall apply to the company registration authority for cancellation of the change registration.

    No***

    2024-06-17 15:00:01

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