• 08-10 2022
        The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the object of shareholder's right to know to guide enterprises to prevent the risk of disputes. I. Scope of legal object of shareholders' right to know     Article 3 of the Company Law and Article 97 of the Company Law stipulate the general principles of the exercise of the shareholders' right to know and the scope of the object, that is, the shareholders have the right to consult and copy the articles...
  • 08-01 2022
    The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the exercise of shareholders' right to know, in order to guide enterprises to prevent the risk of disputes in operation.   一、General principles for the exercise of shareholders' right to know According to Articles 33 and 97 of the Company Law, there are two main ways for shareholders to exercise their right to know, one is "access + copy" and the other is "access only". Specifically, in a limited liability company, share...
  • 07-25 2022
    The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the subject of shareholder's right to know, in order to guide enterprises to prevent the risk of disputes in operation.   一、General principle of shareholder's right to know exercise The shareholder's right to know, as the name implies, the subject exercising the right must have the company's shareholder qualification. Then, how does the people's court determine the qualification of shareholders when reviewing the lawsuit? A...
  • 07-18 2022
    Pseudonymous registration refers to the situation in which the celebrity is registered as the legal representative, shareholder or supervisor of the company in the name of others without the consent of others. The common way to cancel the registration of fake name is to apply to the administrative organ to cancel the registration of fake name or to file a lawsuit in the court. This paper discusses these two paths to guide enterprises to prevent the risk of such disputes.   一、The path of judicial review of administrative cases of impostor registration Item 1 of the "Minutes of the Supreme People's Court's Symposium on Several Issues concerning the Trial of Administrative Cases concerning Company Registration" clearly states that "If the registration error is caused by the applicant's concealment of relevant information or the provision of false materials, the regi...
  • 07-11 2022
         Pseudonym registration and pseudonym registration are similar concepts. In practice, both of them are likely to cause disputes over the qualification of shareholders. Name registration, also known as equity holding, refers to the actual investor and the nominal shareholder reached an agreement, the actual investor and enjoy the investment rights and interests, and the nominal shareholder is registered externally. Compared with the registration of borrowed names, there is no agreement in the registration of false names, and the perpetrators of false name registration often steal the name of others to register the company, which will violate the legitimate rights and interests of the registered journalist. This paper focuses on the reasons for the registration of shareholders' false names, the relief of the rights of the registered shareholders and the legal respon...
  • 06-27 2022
    The legal representative system is an important component of China's company system. The change of the legal representative is generally determined by a resolution of the internal organs of the company, but in specific circumstances, the removal or change of the registered items of the legal representative can be achieved by filing a lawsuit with the people's court. In practice, the court needs to conduct substantive trials to determine whether the litigation request for the removal of the legal representative has factual and legal basis, and whether it should be supported. This article focuses on analyzing the court's perspective on eliminating the registration of legal representatives, in order to guide enterprises in preventing such dispute risks.   一、The court supports the dismissal of the legal representative's application 1. If the internal governance of the company i...
  • toolbar
    021-33883626
  • toolbar
    gl@guolinglaw.com
  • toolbar
    返回顶部