1. How many days' notice is required for the shareholders' meeting?
The limited liability company is 65,438+05 days (Article 42 of the Company Law), but unless otherwise agreed by the articles of association or all shareholders, such agreement shall prevail.
The formal shareholders' meeting of a joint stock limited company lasts for 20 days, and the extraordinary shareholders' meeting lasts for 15 days (Article 103 of the Company Law). The shareholders' meeting is generally held once a year, and should be held within six months after the end of each fiscal year. When necessary, the company may also convene an extraordinary general meeting of shareholders. The content of the temporary meeting, that is, under what circumstances what problems can be discussed and solved through the temporary meeting,
The legal issues of enterprise groups should also be stipulated in the articles of association. In principle, the shareholders' meeting shall be convened by the board of directors of the company. The notice of the shareholders' meeting shall be sent in writing to every shareholder with voting rights within enough time before the meeting. The attendees of the shareholders' meeting should generally be the shareholders themselves. Shareholders may also entrust an agent to attend the shareholders' meeting, and a power of attorney shall be issued when entrusting. A shareholder can only entrust one agent, but an agent can accept the entrustment of multiple clients at the same time to exercise power on his behalf.
2. What are the responsibilities of the shareholders' meeting?
The shareholders' meeting shall be convened by the board of directors and presided over by the chairman in accordance with the provisions of the Company Law. When the chairman is unable to perform his duties or due to special reasons, the vice chairman shall preside over the meeting. If the vice chairman is unable to perform his duties or fails to perform his duties, more than half of the directors shall elect a director to preside over the meeting. If the board of directors fails to perform or fails to perform the duties of convening the shareholders' meeting, the board of supervisors shall convene and preside over it in time; If the Board of Supervisors fails to convene and preside over the meeting, shareholders who have held more than 0/0% of the shares of the company/KLOC-0 for more than 90 consecutive days may convene and preside over the meeting by themselves.
If the shareholders' general meeting notifies the convening of the shareholders' general meeting, it shall inform the shareholders of the time, place and matters to be considered 20 days before the convening of the meeting, and the extraordinary shareholders' general meeting shall notify the shareholders before the convening of the meeting 15; Where bearer shares are issued, the time, place and matters for deliberation of the meeting shall be announced 30 days before the meeting is held.
Temporary proposal: Shareholders who individually or collectively hold more than 3% of the company's shares may propose a temporary proposal and submit it to the board of directors in writing ten days before the shareholders' meeting; The board of directors shall notify other shareholders within two days after receiving the proposal and submit the interim proposal to the shareholders' meeting for consideration. The contents of the interim proposal shall fall within the terms of reference of the shareholders' meeting, with clear topics and specific resolutions.
The general meeting of shareholders shall not make resolutions on matters not listed in the above notice. Holders of bearer shares attending the shareholders' meeting shall deposit their shares with the company five days before the meeting is held until the shareholders' meeting is closed.
The resolution of the shareholders' meeting must be passed by more than half of the voting rights held by the shareholders present at the meeting. However, the resolutions of the shareholders' meeting to amend the Articles of Association, increase or decrease the registered capital, and the resolutions of the company's merger, division, dissolution or change of corporate form must be adopted by more than two thirds of the voting rights held by the shareholders present at the meeting.
During the operation of the company, there will always be some unexpected events, which are still major events. At this time, there is still a certain time before the convening of the shareholders' meeting, so an interim shareholders' meeting is stipulated, which is usually held when dealing with emergency affairs.