Shareholder litigation on how minority shareholders of the company can protect their legitimate righ

Legal analysis: The methods for protecting the rights of small and medium-sized shareholders when their rights and interests are infringed are as follows: 1. Exercise the right to know in accordance with the law; 2. Exercise the right to convene and preside over the shareholders' meeting in accordance with the law; 3. The right to transfer equity in accordance with the law; 4. Exercising the right of first refusal; 5.

The right to request the company to acquire its equity in accordance with the law.

Legal basis: Article 33 of the Company Law of the People's Republic of China Shareholders have the right to inspect and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of boards of supervisors and financial 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 a reasonable basis 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.

If the legitimate rights and interests of the company are infringed, if the directors, supervisors or senior management personnel have harmed the interests of the company, the minority shareholders may file a representative lawsuit in the name of the company. However, if the board of supervisors does not initiate a lawsuit, the board of directors shall be requested to file a lawsuit. Litigation can only be done if neither has exercised its rights.

Article 151 of the Company Law.

Where directors or senior managers have any of the circumstances provided for in Article 149 of this Law, shareholders of a limited liability company or shareholders who hold more than 1% of the company's shares individually or collectively for more than 180 consecutive days may request in writing that the board of supervisors or the supervisors of a limited liability company without a board of supervisors file a lawsuit with the people's court; Where a supervisor has any of the circumstances provided for in Article 149 of this Law, the aforesaid shareholder may request in writing the board of directors or the executive director of a limited liability company without a board of directors to file a lawsuit in the people's court.

If the board of supervisors, the supervisors of a limited liability company without a board of supervisors, or the board of directors or executive directors refuse to file a lawsuit after receiving the written request of the shareholders specified in the preceding paragraph, or fail to file a lawsuit within 30 days from the date of receipt of the request, or if the situation of the seepage is urgent and failure to immediately file a lawsuit will cause irreparable damage to the interests of the company, the shareholders specified in the preceding paragraph have the right to directly file a lawsuit in the people's court in their own name for the benefit of the company.

Ways to protect the rights and interests of minority shareholders in a company:

1. Improve the system of shareholders' meetings;

2. Establish a shareholder voting rights exclusion system;

3. Stipulate the fiduciary obligations of major shareholders;

4. Other ways to protect the rights and interests of minority shareholders of the company.

[Legal basis].Article 151 of the Company Law of the People's Republic of China.

Where directors or senior managers have any of the circumstances provided for in Article 149 of this Law, shareholders of a limited liability company or shareholders who hold more than 1% of the company's shares individually or in aggregate for more than 180 consecutive days may request in writing that the board of supervisors or the supervisors of a limited liability company without a board of supervisors file a lawsuit with the people's court; Where a supervisor has any of the circumstances provided for in Article 149 of this Law, the aforesaid shareholder may request in writing the board of directors or the executive director of a limited liability company without a board of directors to file a lawsuit in the people's court.