Provisions on Several Issues Concerning the Application of the «PRC Company Law» (1) (Revised)
关于适用《中华人民共和国公司法》若干问题的规定 (一) (修正)
Provisions revised according to the amendments of the PRC Company Law.
(Promulgated by the Supreme People's Court on February 20 2014 and effective as of March 1 2014.)
(最高人民法院于二零一四年二月二十日发布，自二零一四年三月一日起施行。)
Judicial Interpretation [2014] No.2
法释〔2014〕2号
With a view to correctly applying the PRC Company Law amended at the 18th Session of the Standing Committee of the 10th National People's Congress on October 27 2005, we issue the following provisions on issues relevant to the specific application of the Company Law by people's courts in the course of trying relevant civil disputes.
Article 1: If the civil acts or events in trials of civil cases by people's courts that are still pending or were newly accepted after the implementation of the Company Law occurred prior to its implementation, they shall be governed by the laws, regulations and judicial interpretations in effect at the time thereof.
为正确适用2005年10月27日十届全国人大常委会第十八次会议修订的《中华人民共和国公司法》，对人民法院在审理相关的民事纠纷案件中，具体适用公司法的有关问题规定如下：
Article 2: If a relevant civil act or event resulted in a dispute prior to the implementation of the Company Law and a suit in respect thereof is brought before a people's court and if the laws, regulations and judicial interpretations in effect at the time thereof are silent on the matter, the relevant provisions of the Company Law may be referred to and applied.
Article 3: If, at the time a plaintiff brings a suit before a people's court on the grounds specified in the second paragraph of Article 22 or the second paragraph of Article 74 of the Company Law, the time limits specified in the Company Law has expired, the people's court shall not accept the case.
第一条 公司法实施后，人民法院尚未审结的和新受理的民事案件，其民事行为或事件发生在公司法实施以前的，适用当时的法律法规和司法解释。
Article 4: The shareholding period of at least 180 days in succession specified in Article 151 of the Company Law shall have elapsed by the time the shareholder(s) institute(s) a suit in the people's court. The specified total holding of at least 1% of the company's shares means the total of the shares held by two or more shareholders.
Article 5: The Company Law shall not apply in retrials by people's courts in accordance with the law of cases in which a final judgment was reached prior to the implementation of the Company Law.
第二条 因公司法实施前有关民事行为或者事件发生纠纷起诉到人民法院的，如当时的法律法规和司法解释没有明确规定时，可参照适用公司法的有关规定。
Article 6: These Provisions shall be effective as of the date of promulgation.
clp reference:2330/14.02.20(1)prc reference:法释〔2014〕2号promulgated:2014-02-20effective:2014-03-01
第三条 原告以公司法第二十二条第二款、第七十四条第二款规定事由，向人民法院提起诉讼时，超过公司法规定期限的，人民法院不予受理。
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now