The company has filed an administrative lawsuit. Can shareholders still sue for the same thing?

After being punished by administrative punishment, the company filed an administrative lawsuit with the court, and later applied for withdrawal of prosecution. Shareholders also filed a lawsuit with the court's representative of shareholders, asking for the revocation of administrative penalties. The Haidian Court was tried and ruled that the prosecution of shareholders was rejected.

The plaintiff Ms. Ding said that it was a shareholder of a technology company. In February 2021, the Market Supervision and Administration Bureau made a high penalty decision on the company. The company took the initiative to withdraw the lawsuit after filed an administrative lawsuit, which violated its legitimate rights and interests as shareholders. Therefore, the court filed a lawsuit with a representative of shareholders and demanded that the penalty decision was revoked.

The defendant's Market Supervision and Administration Bureau argued that the technology company had filed an administrative lawsuit to the court within the statutory period. Ms. Ding had no right to file a lawsuit of shareholders and requested the court to reject the plaintiff's prosecution.

After the trial, the court believed that the technology company sued the court to cancel the decision of the prosecution, and Ms. Ding filed a lawsuit with the court on the same day. Later, the technology company submitted an application for withdrawal to the court, arguing that the decision of the prosecution and punishment made by the Market Supervision and Administration Bureau fully complies with the facts and laws. There is no factual and legal basis for administrative lawsuits. The court made an administrative ruling and allowed the technology company to withdraw the prosecution. In summary, the technology company has filed a lawsuit with the court, and Ms. Ding has no right to file a lawsuit of shareholders. Therefore, the ruling rejected Ms. Ding's prosecution.

After the sentence, Ms. Ding filed an appeal. The original judgment was maintained, and the judgment has come into effect.

Judge said:

Article 151 of the Chinese Company Law stipulates that directors and senior managers have the situation stipulated in Article 149 of the Law. The shareholders of more than a percent of the shares can request a lawsuit of the supervisors of the supervisory board or the limited liability company without the supervisor of the board of supervisors; if the supervisor has the situation stipulated in Article 149 of the Law, the aforementioned shareholders may request The executive directors of the board of directors or the limited liability company of the board of directors filed a lawsuit with the people's court. The supervisors of the board of supervisors, the limited liability company of the supervisory board, or the board of directors and executive directors refused to file a lawsuit after receiving a written request stipulated in the preceding paragraph, or did not file a lawsuit within 30 days from the date of receipt of the request, or the situation was urgent, the situation was urgent, the situation was urgent. If a lawsuit is not immediately filed, it will cause the company's interests to be difficult to make up. The shareholders stipulated in the preceding paragraph have the right to file a lawsuit directly to the people's court for the company's interests. If others infringe on the legal rights and interests of the company and cause losses to the company, the shareholders stipulated in the first paragraph of this article may file a lawsuit to the people's court in accordance with the provisions of the first two paragraphs.

According to the above laws, in addition to the emergency situation, the shareholders' internal relief procedures must be exhausted, that is, when the company's supervisors, supervisors or boards, and executive directors refuse to file or fail to file a lawsuit, the shareholders may file a lawsuit of shareholders. In the case of the company's name of the company in the name of the company, the parties in this case have no right to file a lawsuit of shareholders as shareholders as shareholders.

(The characters in the text are all about the name)

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