Small today make up from " guidance of case of company of top people court and reference " regulation of judge of case of concerned company issue is extracted and compile in one book 30, undertook classify according to brief of a case, the hope deals with relevant case to provide reference for legal person.
▌ partner qualification acknowledges dispute
Shareholder of company of 1. finite liability can agree do not press equity of hold of actual and contributive scale -- national China invests limited company of IT of Shenzhen city edificatory and Zhengzhou limited company, unseal city comfort believes business management to seek advice from beauty of division of limited company, Zhuhai to teach equity of investment limited company to affirm issue desk
2. is fictitious add endowment reduce company shareholder to hold proportional, add endowment behavior is invalid, partner opposes a scale changeless -- Huang Weizhong accuses Chen Jiang is celebrated wait for partner qualification to affirm case
3. increases endowment spread the core of behavior makes item, should pass with 2/3 above right to vote -- Yu Cheng and Guizhou Tai Bangsheng content goods is finite the equity such as limited company of technology of content of big Lin Sheng affirms liability company, Guiyang, application of profit allocation dispute tries a case again
▌ partner is contributive dispute
Foreign trader of 1. our country invests the contributive obligation between enterprise and investor of its foreign country to wait for item, ought to law of applicable our country -- group of science and technology of thumb environmental protection (Fujian) limited company and partner of limited company of group of science and technology of China environmental protection are contributive issue desk
2. company has authority to ask to smoke escape filling capture gives contributive shareholder capital ceases -- Xinjiang achieves a century to turn gene technology limited company and Xinjiang build investment management (group) case of counterappeal of dispute of limited company loan
▌ equity makes over dispute
Not applicable contract law is medium when the equity of company of 1. finite liability pays occurrence beak a contract in installment about instalment buying and selling in outstanding expire money paid for something purchased or received for something sold obtains total debt 1/5 can remove the regulation of the contract -- Shang Changlong accuses Zhou Shihai equity transfers dispute record
2. makes over equity to fasten the 3rd person all, short of brings about the right of equity everybody actually to produce change, make over a contract effective -- Guangdong amounts to treasure equity of industrial limited company makes over the Shan in city of limited company of estate of telecommunications of the another name for Taishan Mountain in limited company of group of industry of the another name for Taishan Mountain in industry management limited company and Guangdong, Guangdong, Guangzhou cooperative issue desk
3. law sets without proclaimed in writing and partner not bright show abandon preferential buy right, enjoy preferential the partner that buys right did not enter the arena trade not to regard as preferential buy authority to already was lost -- in static industrial (group) limited company accuses Shanghai electric power is industrial the equity such as limited company transfers dispute record
Of the change that 4. transfers company equity only and does not cause subject of mining industry right do not belong to mining industry authority to make over, make over a contract to be able to be maintained without examining and approve for effective -- estate of fire of emperor of north of a large amount of group limited company, Zong Xijin and limited company of mining industry of ammunition of emperor of north of the Huaihe River, the Huaihe River develops finite liability company, Guo Yangsheng equity of limited company of igneous estate development transfers dispute record
Equity of 5. mine company is made over involve fluctuant is the asset such as authority of mining of equity and rather than, law of resource of not applicable mineral products maintains reason contract effectiveness -- appellant Qinghai assembles group of Ji Shi trade finite liability company, Zhou Weijun and appellee Du Gong inferior, Li Zhanyun, Gao Guansheng, equity of Xu Liangqing of first trial the accused, Yuan Jianming, Zhou Jian transfers dispute record
Movables of 6. equity neither also is not praedial, the kindness of equity is obtained can analogize is applicable " law of right of matter of People's Republic of China " the 106th regulation -- limited company of group of construction of Sichuan Beijing dragon and Jian Yang travel of 3 fork lake is fast passageway investment limited company, Liu Guiliang and Chengdu star exhibit buy estate adviser limited company,
7. sell one's own things just hangs out his shingle publicly make over equity to need to fulfill information to disclose obligation, the contest that the person that contest is bought also should make to its buys a decision to assume a risk, bear legal consequence -- state-owned asset runs Hefei Xin city limited company and Anhui fact fine estate development limited company and Anhui La Ding accuse an equity of group limited company to transfer dispute record
8. makes over financing if not of the form to be the purpose, need that stems from short-term financing however to arise with seeking profit for a long time with equity agreement, should maintain lawful and effective -- limited company of group of appellant the United Nations General Assembly and freeway of appellee the Anhui province accuse an equity of group limited company to transfer dispute record
Whether is equity formed to make over a relation to should wait for objective fact through examining the consign of share between 9. party, maintain with walking on a circumstance actually of bilateral party to give -- equity of Ling of appellant Xu Shanglong, Wu Juan and appellee He Jian, Zhang Kangli, Zhang Guiping transfers dispute record
When the fulfils actually contract that 10. equity makes over the party in the process to advocate is abhorrent, the relevant fact that should be united in wedlock to fulfill a circumstance actually to be made over to equity is made maintain -- appellant dream Jurassic Period is expeditionary times (Beijing) investment runs city of Daqing of finite liability company and appellee limited company of limited company of engineering of 3 annulus artesian well and development of estate of all ages of Daqing of first trial the accused, first trial the 3rd person
11. shareholder is first the exercise that buys right should be made over with equity form acceptability for premise -- Ding Xiangming, Li Qing, Feng Yueqin and Qu Fei build case of counterappeal of issue of authority of first offer to buy
▌ damages issue of shareholder interest liability
Get when partner oneself rights and interests when direct enroach on, its can mention partner is direct lawsuit, and when when partner on business department interest is damaged and shareholder rights and interests is damaged secondhand, OK partner safeguards oneself rights and interests on behalf of lawsuit -- limited company of group of Hainan sea steel and head office of Chinese metallurgy mining industry, 3 inferior limited company damages the village that cross a holiday desk of issue of shareholder interest liability
▌ damages issue of company profit liability
1. company shareholder did not take cheat, conceal or other blame just when method and others invest those who try hard to gain commercial opportunity to be not belonged to jointly damage company profit -- Lin Chengen and Li Jiang hill damage desk of company profit issue
2. party exceed one's authority deals with company assets and related company, related company did not pay corresponding cost, accountability return reductive content -- limited company of building materials of violet gold of appellant Zheng Zhen Xin, Zhangzhou and constant of appellee Long Yan generate electricity course of study company of Liu Xiaoping of the accused of limited company, first trial is high administrator damages company profit to compensate for issue desk
Partner damages issue of liability of company loan interest
The related company of 3. character confuse sth with sth else mutual between assume responsibility of implicative pay off to external debt -- Inc. of machine of project of Xu Gong group accuses trade of Chengdu plain hand over a completed project is finite the desk of business contract dispute such as liability company
▌ company is added endowment dispute
Those representing capital of the be in harmony in activity of investment of 1. folk financing and value of investor setting appraise adjust a mechanism, target company shareholder is not lawbreaking to the compensation acceptance of investor code prohibits the gender sets should be effective -- limited company of investment of Ou Haifu of Suzhou industry garden and limited company of recycle of resource of coloured of constant of Gansu Province world, Hong Kong enlighten inferior limited company, Liu Bo is added endowment issue desk
Content of 2. receipt account and close actually pay time, amount nots agree with, should combine the proof of capital close an account such as money order bill, bill to judge capital integratedly to close whether actually pay -- company of limited company of development of estate of scene of cheerful of Sun Baorong and Yang Huanxiang, Langfang is added endowment issue desk
▌ company dismisses issue
Although 1. company is in gain condition but already at a stand, can maintain already produced severe difficulty for company management -- Lin Fangqing accuses Changshu city triumphant Lai is industrial company of limited company, Dai Xiaoming dismisses dispute case
2. partner still has authority to mention to what the generation of company deadlock has fault the company disbands appeal to, do not belong to baleful lawsuit -- limited company of science and technology of abundant of be an official and Fu Jun are new-style composite material (too storehouse) limited company, the 3rd person always interest group limited company dismisses dispute case
▌ requests a company to buy share issue
The partner that because oneself fault fails to attend partner to meet,is not makes over main belongings to put forward crosscurrent clearly to the company, company of request having right buys its equity with fair value -- Yuan Chaohui and course of study of buy of the Yangtse River (Hunan) company of request of development limited company buys share issue record
▌ liquidates liability issue
The trustee of the partner of limited company, joint-stock company and control a partner, cannot with its either control a person actually or join a company not actually liquidation obligation is avoided for management -- Shanghai puts bright trade limited company to appeal to the desk of business contract dispute such as Jiang Zhidong, Wang Weiming
▌ applies for to go bankrupt liquidation
As a result of confuse sth with sth else cannot liquidate individually between related company, can regard an enterprise whole as amalgamative liquidation related company -- finite liability company and Beijing celestial bodies amount to Fujian hair negotiable securities limited company of investment of science and technology, Shanghai yuan fill flourishing of investment management limited company, Shanghai to invest Tian Jihe source of city of development limited company, Shenzhen industrial development limited company is amalgamative go bankrupt liquidation proposal
▌ applies for to go bankrupt reforming
Reforming and major asset recombine a program to run paralell, need to solve the company below reforming condition to administer structural issue; to need to coordinate judicatory external internally conflict between program and administrative program -- Inc. of shipping of Jiangsu Shun day goes bankrupt reforming case
▌ goes bankrupt creditor's rights acknowledges dispute
The company before partner assumes additional liability to pay compensation actually already was entered go bankrupt of the program, partner should use to the company capture is contributive, this are contributive can use at only to pay off of all creditor fairness -- limited company of management of investment of subbranch of a bank of the lake austral limited company of strange foreign trade of Shenzhen city an ornament worn as a pendant at the waist in ancient times and Yichang of Hubei bank Inc. , China city goes bankrupt creditor's rights affirms issue desk
▌ does not remove authority issue
According to going bankrupt the law sets those who remove to contract of construction project construction regards as, contractor exercise is preferential the computation since the day that the deadline of authority sufferring countervail should remove from the contract -- connect a city to build total group limited company to accuse limited company of Anhui sky chemical industry does not remove authority issue record
