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Strengthening the protection of the interests of small and medium-sized shareholders and controlling the abuse of the rights of large shareholders are the basic value orientation of contemporary company law. Minority shareholders can protect their rights through the following measures and systems: (1) They can inspect the company's accounting books.
2) You may apply to the people's court to confirm that the resolutions of the shareholders' meeting and the board of directors are invalid, or apply to revoke the resolutions of the shareholders' meeting and the board of directors. When the convening procedures and voting methods of the shareholders' meeting or the board of directors violate the provisions of laws, administrative regulations or the articles of association, or the content of the resolution violates the articles of association, the shareholders may request the people's court to revoke the resolution within 60 days from the date of making the resolution. (3) You can request the withdrawal of shares.
If the company has been profitable for 5 consecutive years and meets the conditions for distributing profits stipulated in the Company Law, but does not distribute profits to shareholders, the shareholders who voted against the resolution of the general meeting of shareholders may request the company to acquire its equity with a reasonable price. If the shareholder and the company cannot reach an equity acquisition agreement, the shareholder may file a lawsuit with the people's court. (4) Under special circumstances, shareholders may apply to the court to dissolve the company.
5) A direct lawsuit can be filed. (6) A shareholder representative lawsuit may be filed. When the company's directors, managers and other senior management personnel or others outside the company infringe on the company's rights and interests and cause losses to the company and the company does not pursue it, the shareholders may file a lawsuit in the people's court in their own name in accordance with the law to protect the rights and interests of the company and themselves.
Legal basis: Article 22 of the Company Law of the People's Republic of China stipulates that the content of the resolution of the shareholders' meeting, the general meeting of shareholders and the board of directors of a company violates laws and administrative regulations is invalid. Where the convening procedures and voting methods of the shareholders' meeting, the general meeting of shareholders or the board of directors violate laws, administrative regulations or the articles of association, or the content of the resolution violates the articles of association, the shareholders may request the people's court to revoke the resolution within 60 days from the date on which the resolution is made.
Where a shareholder initiates 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 already changed the registration in accordance with the resolution of the shareholders' meeting, the general meeting of shareholders or the board of directors, the people's court shall apply to the company registration authority for cancellation of the change registration after the people's court declares the resolution invalid or revokes the resolution.
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Minority shareholders in a limited liability company have the right to know to protect their interests, and when the shareholder's right to know is violated, they can sue Hand Envy. Minority shareholders also have the right of first refusal and can file a lawsuit if their rights are infringed. However, there is no right of first refusal for transfers between shareholders.
Legal basis] Article 33 of the "Judiciary".
Shareholders have the right to inspect and copy the articles of association, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board of supervisors, and financial and accounting reports. Shareholders may request to inspect the company's accounting books. If a shareholder requests to inspect the company's accounting books, he or she shall submit a written request to the company stating the purpose.
If the company has reasonable grounds to believe that the shareholder's inspection of the accounting books has an improper purpose and may harm the legitimate interests of the company, it may refuse to provide the inspection, and shall reply to the shareholder in writing and explain the reasons within 15 days from the date of the shareholder's written request. If the company refuses to provide access, the shareholders may request the people's court to require the company to provide access.
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Legal analysis: The methods of protecting the rights and interests of minority shareholders in a limited liability company are as follows:
1. Minority shareholders can exercise the right to convene and preside over shareholders' meetings individually or jointly to safeguard their legitimate rights and interests;
2. Small and medium-sized shareholders have the right to transfer their own equity in accordance with the law.
3. The right of first refusal of equity, which is a privilege enjoyed by all shareholders; Wait a minute.
Legal basis: Article 33 of the Company Law of the People's Republic of China Shareholders have the right to consult and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of boards of supervisors and financial accounting reports.
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Legal analysis: The methods of protecting the rights and interests of minority shareholders in a limited liability company are as follows:
1. Minority shareholders can exercise the right to convene and preside over shareholders' meetings individually or jointly to safeguard their legitimate rights and interests;
2. Small and medium-sized shareholders have the right to transfer their own equity in accordance with the law.
3. The right of first refusal of equity, which is a privilege enjoyed by all shareholders; Wait a minute.
Legal basis: Article 33 of the Company Law of the People's Republic of China Shareholders have the right to consult and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of boards of supervisors and financial accounting reports.
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