No. 10 Story Tribunal | Surprisingly Exempted Event (Solving Article)

Earlier, I said that I and Yu's bold contradictions were entangled. After a lawsuit, we worshiped completely. It didn't take long for him to propose to withdraw from the company and ask for transfer of equity. I was asking for it. After all, I was bad when I saw him.

According to the old classmate Jing Xiaoman, his fellow villagers You Yijian and Zheng Fenhong were transferred to the bold equity, and at this critical moment became my "angel investor". And I have finally become the general manager and legal representative. Every day when I go to the company, I like the boss on the left of the front desk, and I can hear my heart. Coinciding with the past that said goodbye to look back, I seemed to have a dream back to eighteen, full of infinite enthusiasm and fighting spirit. For a while, in the future, my glory was in my hands. I and You Zheng and I was like a friend who had trouble and seemed to be dead.

When I heard that some successful people recalled their past, they always liked exaggeration to persuade young people, but I really wanted to say "without entrepreneurial hardships, don't persuade others to enter". In retrospect, we have deeply cultivated the innovative research and development of environmentally friendly materials. From scratch to the establishment of the product line, how many cold benches have been pasted, how many times from the dawn to the dark ... wait for the steady development of the technology to compress sales channels, compress the sales channels Cost, not allowing or less "middlemen to make differences", which has become a bottleneck that Qian Duo needs to break through.

In the early days, even in the summer of nearly 40 degrees high temperature, in order to save some freight and manpower, we all traveled to the car by ourselves. I scared us to run madly, what else is the "total" and "boss". By 2015, we wondered that this is not a way. It is not a way to suffer. We cannot let the brothers of the men continue to suffer! In addition, it has indeed made a few years of earnings. Qian Duoduo has jointly established Xianghe Trading Company with Shanfeng Company and Jianghe Company, responsible for the promotion and sales of most of the three companies.

The establishment of Xianghe Trading Company has realized the effective control of Qian Duoduo's sales network. The cooperation with mountains and rivers is even more beneficial and win -win. Everything entered the fast lane, and everywhere in the east wind of the country's environmental protection, everyone was full of energy. It is just that the road to move forward is inevitable that it is twists and turns. The most impressed me.

In Xianghe Trading Corporation, Qian Duoduo Company holds 30%of the shares. According to the company's articles of association, the company's board of directors is appointed by shareholders, and the company's main business matters are determined by the board of directors. Qian Duoduo's director is Zheng Fenhong. For a long time, the board of directors has been operating well. Everyone is good at the same time.

However, in January 2017, Qian Duoduo accidentally discovered when looking at Xianghe Trading Company's industrial and commercial registration. Our player Zheng Fenhong was removed from the position of directors? Intersection (In addition, one more thing is that it is boldly because I haven't checked the account for a long time. After consulting the registered registration materials of the filing, I knew that as early as October 2016, Xianghe Trading Company had held a "shareholders 'meeting" to avoid Zheng Fenhong's directors' positions. Is this going on?

This mysterious shareholder will occur on October 25, 2016, with the stamp of Shanfeng Company and Jianghe Company, and the signature of their legal representatives. The shareholders' meeting decided to avoid Zheng Fenhong's directors and elected new directors. However, the exception is that the shareholders 'meeting signed in the table has the signatures of the three people in the case of Zhen Youcai and Shanfeng Company and Jianghe Company, but the shareholders' meeting decided that there was no money to stamp.

For this mysterious shareholders' meeting, Qian Duoduo did not receive a notice, the second did not attend the meeting, and the three did not have a real signature. You product, you are fine, who is this fool! Why is such a shareholders' decision to avoid the directors approved by Qian Duoduo? Sister Red is our king fried. Let's say that the harmonious company is always similar. The centrifugal companies have their own discord. The peace trading company has always been unable to say. In the end, Qian Duoduo still had to choose to sue Xianghe Trading Company and request confirmation of October 2016. The resolution of the shareholders' meeting on the 25th was not established. Hey, familiar formula, familiar taste! Court, I, come again!

In the complaint, I wrote, "I did not receive a notice from the shareholders 'meeting by the Xianghe Trading Company, and I did not participate in the shareholders' meeting. My signature in the meeting was forged. The copy of the copy is not the original, which is enough to determine that Xianghe Trading Company does not really hold a shareholders' meeting. "

The Xianghe Trading Company argued that it had been held on October 25, 2016 to hold a shareholders' meeting. All shareholders attended the present. The resolution was approved by shareholders with a capital contribution of 70%, which complied with the provisions of laws and regulations. I also quibbled that I sued "the resolution is not established", but the claim of Qian Duoduo can only reflect the flaws of the shareholders' conference convening procedures. It should not meet the decisions and not set up conditions, and it should be rejected.

My old swan! Intersection How can you say that you have happened! If you have n’t opened it, you have n’t opened it. The peace trading company believes that the meeting has been held. Whoever claims and who proof is, he should prove that the shareholders will notify Qian Duoduo. Fortunately! In addition to believing in this life, I also believe in the law. The court believes that: Xianghe Trading Company cannot submit the original accounting of the shareholders meeting on October 25, 2016, nor can it be submitted to the evidence to prove that the meeting notice has been delivered in advance, and Zhen Youcai himself has not signed the shareholders' decision resolution. When the content of the shareholders 'meeting directly affects the interests of Qian Duo's company, it should be determined that Xianghe Trading Corporation should not be enough to prove that the shareholders' association is actually held. The final decision of Xianghe Trading Company on October 25, 2016 was not established, and Zheng Fenhong's directors' identity was restored.

Speaking of me, I am also a half -hanging person who understands the Fa. The loss I have eaten is my victory. In order to avoid the pit, combined with this judgment, I also studied the company law. The company's decision does not establish the following situations: (1) If the company has not held a meeting, but according to Article 37 of the Company Law or the company's articles of association, it may make a decision directly without holding a shareholders 'meeting or a shareholders' meeting. Except for the signature and seal on the decision document; (2) the meeting did not vote on the resolution; As a result, the proportion of the company's law or the company's articles of association was not reached;

In my case, Xianghe Trading Company did not hold a shareholders' meeting at all. Whether the company holds a shareholders' meeting is a factual question. Opening is to open, and it is not open if it is opened. The evidence is that the court makes judgments in accordance with the evidence.

In the case of controversy in the effectiveness of such shareholders' meeting, the company has the original materials of the shareholders' meeting, convening, and voting, so they must bear the responsibility of the preliminary provenance of the shareholders' association. This is why I apply for evidence that the judge asked to provide evidence for Xianghe Trading Company! Oh, in fact, it is not the request of my judge, it is a legal requirement! The bottom of my lawsuit comes from the law, and the judgment of the judge's justice comes from the law! Xianghe Trading Company cannot provide evidence of notifying Qian Duoduo's participation in the shareholders' meeting, nor can it provide the original signing table of the meeting. The final signature of the resolution just proves that I did not attend the meeting at all, because the three people signed and resolved in the sign -in form were the two in the two people in the resolution. Signing contradictory, and the peace trading company cannot explain at all, so it should be the consequences of the peace trading company.

I think that I am not a clever person, and I have no wisdom, but I am willing to endure hardships, be willing to learn, and summarize. I always believe that after a setback, I will learn from a lesson. The road of the king of honest people. This case was awakened by me. The company is a small group and community. It has to make a decision. It is impossible to see if it is true or not like a person. Therefore, everything is achieved, and the part of the part is important according to the regulatory part of the regulations. Those behaviors that create the illusion that most shareholders agree through illegal procedures, huh, goodbye to you!

Supply: Beijing Second Hospital

Participants: Zhang Hongbo decorated Zhen Youcai

Li Mengyuan decorated Zheng Fenhong

Pan Wei decorated official

Donation of Jia Shanshan as Xianghe Company

Feng Zhaoyan decorates Yiyi Jian

Text: Zhang Hongbo Julisha

Picture: Julisha Ding Jie

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