Partner sues a company, court how judgment (firstly)

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Company method thirtieth 3 " partner has authority to consult, resolution of resolution of conference of meeting meeting record, board of directors, supervision board conference mixes duplicate company rules, partner financial accounting report. Partner can ask to consult book of company treasurer Zhang. Partner can ask to consult book of company treasurer Zhang..

(1) capacity demand:

Partner sues a company to request exercise know the inside story to counterpoise, people court ought to give accept. If the company is carried,what had not had partner capacity perhaps is in when proving for evidence accuser is sued in lawsuit, people court ought to be rejected sue.

Extend: How does partner qualification affirm, general with industrial and commercial register to allow, but in industrial and commercial qualification of the partner below the case that have not register or registers a mistake decides from the following respects:

1, contributive person and company have definite agreement with respect to partner qualification, and other shareholder is opposite the partner qualification of contributive person approbates, for example: All partner signs affirmed written agreement

2, according to actual and company rules, contributive, hold the fact such as right of partner of real perhaps exercise can hold contributive certificate of qualification of contributive person partner

3, transfer agreement, equity according to equity the evidence such as the legal copy clerk such as judgment of donative agreement, court can maintain party partner qualification

4, natural person partner dies, lawful heir accedes equity, and company rules accedes to did not set instead to equity.

(2) consult limits, duplicate limits:

Resolution of resolution of conference of meeting meeting record, board of directors, supervision board conference mixes company rules, partner financial accounting report can consult, duplicate, book of company treasurer Zhang can consult only.

(3) commerce is divulged to form tort secretly after consulting.

Partner consults after company document material, what ought to have secret of conservative and relevant trade is compulsory, otherwise the company can sue partner to suspend enroach on action. Cause losing to the company, partner ought to give compensation.

(4) partner has shocking objective, can refuse.

Extend: Why be wrong end? The company in lawsuit ought to quote proves partner is put in wrong end, otherwise cannot with this counterplea.

" company method explains 4 " stipulated 4 kinds of case should maintain partner to exist wrong end:

1, in partner self-supporting perhaps manage for other with the company advocate the business that business Wu has materiality competition to concern

2, the fact that partner is informed to be reported to the 3rd person in order to get a benefit

3, inside two years in the past, partner Ceng Tong consults too, material of duplicate company document, the fact that to the 3rd person the bulletin is informed in order to get a benefit

4, can prove partner is begun with cloggy company business, damage company profit or common interest is partner the other fact of the purpose.

(5) forensic support partner consults, duplicate ought to rule clear.

Classics cognizance, plaintiff stockholder requests what be good law of limits of company document material, code sets to consult, people court ought to rule in appropriate time, basically run a place at the company or plaintiff stockholder and company arrange definite place separately, offer relevant document material to consult for partner by the company.

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