Legal analysis
In the event of a shareholder dispute, we must first look at the articles of association. If there is no agreement in the articles of association, it shall be handled in accordance with the provisions of the Company Law. Where there are no provisions in the company law, it shall be handled in accordance with the contract law. However, at the beginning of many companies, several people share the equity equally. In order to ensure the interests of each shareholder, the profit sharing is equally divided, but the management right is also inadvertently divided. The company matured in the later period. If several people fail to finalize the business strategy, it is likely that the company will be deadlocked and can only be dissolved through litigation. The shares of the company held by the promoters shall not be transferred within one year from the date of establishment of the company. Shares issued before the public offering of shares by the company shall not be transferred within one year from the date of listing and trading of the company's shares on the stock exchange. The directors, supervisors and senior managers of the company shall report to the company the shares they hold and their changes, and the shares transferred each year during their term of office shall not exceed 25% of the total shares they hold; The shares held by the company shall not be transferred within one year from the date of listing and trading of the company's shares.
legal ground
Article 141 of the Company Law of People's Republic of China (PRC), the shares of the Company held by the promoters shall not be transferred within one year from the date of establishment of the Company. Shares issued before the public offering of shares by the company shall not be transferred within one year from the date of listing and trading of the company's shares on the stock exchange. The directors, supervisors and senior managers of the company shall report to the company the shares they hold and their changes, and the shares transferred each year during their term of office shall not exceed 25% of the total shares they hold; The shares held by the company shall not be transferred within one year from the date of listing and trading of the company's shares. The above-mentioned personnel shall not transfer their shares in the company within six months after leaving the company. The articles of association may make other restrictive provisions on the transfer of shares held by directors, supervisors and senior managers of the company.
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.