Defects of shareholders'' resolutions: Comparing Taiwan and China Company Law

• Main Authors: Cheng-Shueh Chen, 陳政學
• Other Authors: Ta-Ying Liaow
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/bd5qdc

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 106 === Article 189 and Article 191 of the Company Law of Taiwan stipulate the grounds for revocation and invalidation of the resolutions of the shareholders ''general meeting. However, the Company Law of the China also classified the shareholders'' meeting of the Company in Article 22 into two types: invalid and revocable in2005. The dispute on corporate shareholders'' meeting are often based on flaws in the resolutions of the shareholders'' meeting. Since Taiwanese businesspeople generally have companies in Taiwan and the China, they can not help but face the procedural or content issues of the resolutions of the shareholders'' meeting. There are actually differences in the judgment of the validity of the flaws on resolutions. It is far-reaching significance to the court judgments on the cases heard on Taiwan and China. The obvious difference between Taiwan and China is the requirements of the resolutions of the shareholders'' meeting. Compared with the Company Law of Taiwan, the resolution of the Company Law of China is based on the majority shareholder''s attendance. There are no stipulation on the number of shareholders attending the meeting and the non-existence of the shareholders'' meeting resolution.