Supreme People's Court, Provisions on Several Issues Concerning the Application of the «PRC Company Law» (4) (Draft for Comments)

最高人民法院关于适用〈中华人民共和国公司法〉若干问题的规定(四)(征求意见稿)

April 21, 2016 | BY

Susan Mok

Issued: April 12 2016 Main contents: A resolution of the shareholders' meeting or shareholders' general meeting, or of the board of directors…

Issued: April 12 2016

Main contents: A resolution of the shareholders' meeting or shareholders' general meeting, or of the board of directors shall be found to be invalid if:

(1) a shareholder abuses his shareholder rights to pass a resolution that prejudices the interests of the company or another shareholder; or

(2) the resolution makes an excessive distribution of profits, is for a material improper affiliated transaction, etc. causing harm to the interests of the company's creditors (Article 6).

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