Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC) (I)
(The the Supreme People's Court Judicial Committee at its1382nd meeting on March 27th, 2006 was revised according to the Decision of the the Supreme People's Court Judicial Committee at its1607th meeting on Amending the Provisions on the Application of the People's Republic of China (PRC) Company Law).
In order to correctly apply the Company Law of People's Republic of China (PRC) revised at the 18th meeting of the 10th the NPC Standing Committee on June 27th, 2005, the relevant issues concerning the specific application of the Company Law in the trial of related civil disputes by the people's courts are stipulated as follows:
Article 1 After the implementation of the Company Law, the laws, regulations and judicial interpretations at that time shall apply to newly accepted civil cases that have not been concluded by the people's courts, and whose civil acts or events occurred before the implementation of the Company Law.
Article 2 Where a lawsuit is brought to a people's court for a dispute arising from a civil act or event before the implementation of the Company Law, the relevant provisions of the Company Law may be applied by reference if there are no explicit provisions in the laws, regulations and judicial interpretations at that time.
Article 3 If the plaintiff brings a lawsuit to the people's court for the reasons specified in the second paragraph of Article 22 and the second paragraph of Article 74 of the Company Law, and the time limit specified in the Company Law is exceeded, the people's court will not accept it.
Article 4 If the continuous shareholding period stipulated in Article 151 of the Company Law exceeds 65,438+0,80 days, it shall be the time when the shareholders bring a lawsuit to the people's court. The stipulated total holding of more than 1% shares of the company refers to the sum of shares of more than two shareholders.
Article 5 The provisions of the Company Law shall not apply to the retrial of cases concluded before the implementation of the Company Law by the people's courts.
Article 6 These Provisions shall come into force as of the date of promulgation.