For example, (1/3): Article 44 of the Company Law: Unless otherwise provided for in this Law, the discussion methods and voting procedures of the shareholders' meeting shall be stipulated in the company's articles of association.
The shareholders' meeting shall make resolutions on amending the Articles of Association, increasing or decreasing the registered capital, and on the merger, division, dissolution or change of corporate form of the company, which must be approved by shareholders representing more than two thirds of the voting rights.
Yi Tian's explanation is that the key lies in this "more than two thirds". When converted into percentage, the shares must be equal to or greater than 66.7% in order to pass the above resolution. If the shares of one shareholder exceed 33.3 1%, the shares of other shareholders add up to less than 66.7%. Therefore, as long as this shareholder votes against it, it is decided that the resolution of the shareholders' meeting cannot be passed, which is equivalent to.
Then, what other provisions about the importance of equity ratio are there in the Company Law? Tianyi lawyer made the following form:
Company equity ratio
Rights that shareholders can exercise
legal ground
1%
Where directors, supervisors and senior managers violate laws, administrative regulations or the company's articles of association when performing their duties, thus causing losses to the company, shareholders of a limited liability company or shareholders of a joint stock limited company who individually or collectively hold more than one percent of the company's shares for more than 180 consecutive days may request in writing the board of supervisors or supervisors of a limited liability company without a board of supervisors to bring a lawsuit to the people's court. ...
Articles 149 and 15 1 of the Company Law.
3%
Shareholders who individually or collectively hold more than 3% of the company's shares may put forward an interim proposal and submit it to the board of directors in writing ten days before the shareholders' meeting.
Article 102 of the Company Law
10%
The shareholders' meeting shall be convened by the board of directors and presided over by the chairman; If the board of directors or the executive director is unable to perform or fails to perform the duties of convening the shareholders' meeting, it shall be convened and presided over by the board of supervisors or the supervisors of the company without the board of supervisors; If the Board of Supervisors or supervisors do not convene and preside over the meeting, shareholders representing more than one tenth of the voting rights may convene and preside over the meeting by themselves. (Limited liability company)
Article 40 of the Company Law
Shareholders representing more than one tenth of the voting rights may propose to convene an extraordinary shareholders' meeting; (Limited liability company)
Article 39 of the Company Law
The shareholders' meeting shall be convened by the board of directors and presided over by the chairman; 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. (Limited by Share Ltd)