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Both party A and party B are shareholders of company a, with a accounting for 30% of the shares and B for a state-owned enterprise holding company, accounting for 50% of the shares. Mr. Li is a director appointed by company B to company a, and also the head of financial department of company A. At the beginning of 2021, party A learned that there was still 1 million yuan of capital contribution of company B due but not paid in, and Mr. Li never called on company B according to his duty when he clearly learned that company B did not fulfill his obligation of capital contribution. In addition, Li used his authority to change the management authority of company A's office system, adjust the relevant processes and procedures of the company's internal management, and put pressure on the employees without reason, resulting in the failure of company A's normal operation for three consecutive months. In view of Li's behavior, how should company a and shareholders a protect the rights and interests of the company and themselves?
In recent years, the competition for corporate control has become more and more intense. The form of competition is no longer confined to the background, but gradually moved to the stage. In order to fight for corporate control, the disputes about the representation of corporate will caused by the internal power struggle in commercial cases are increasing. Voting right has also become the focus of contention among shareholders. If they fail to fulfill the obligation of capital contribution on schedule, there are serious differences among shareholders about whether their voting right can be limited. In the absence of special provisions in the articles of association, should shareholders vote according to the proportion of paid in capital contribution or the proportion of subscribed capital contribution?
Party A, Party B and Party C established company a in 2008, holding 51%, 45% and 4% shares respectively. In 2018, due to policy adjustment, the main business of company a could not continue to operate. Party A, Party B and Party C held shareholders' meetings on the transformation and development direction of company a for many times, but Party A and Party B could not reach an agreement. Up to now, the development of the company has been stagnant, How can companies get out of trouble?
Beijing Docvit Law Firm (Docvit in short), which was established in 2003, is one of the few earliest law firms instituted as a corporation rather than partnership in China. Aimed at building a high quality law firm with professional competence, Docvit fostered innovation under its unique system of operating as a large-scale corporation. Benefited with its core-competitiveness, such as international insights and full IT application management mode, to name some of them, Docvit pursued cross-border development and established an image of high-end brand in a industrialized market. In 2015, Docvit was ushered into a “3.0 era” of moderate-scale development, which witnessed the gradual formation of nation-wide and world-wide layout with the start-up of branch offices in Tianjin, Jinan, Shenzhen, Shanghai, Chengdu, Taiyuan, Hong Kong, London and other places in succession.
Achievements of Docvit | We managed to win the bid for the legal service institutional repository of China National Nuclear Corporation Achievements of Docvit | We managed to win the bidding for the alternative repository of legal services intermediary institution of China Petroleum & Chemical Sales Co., Ltd. Shanxi Branch Achievements of Docvit | We managed to enter into contracts with several institutions and would provide regular legal services for them. Achievements of Docvit | We managed to get shortlisted in the external non-litigious lawyer repository of China Chengtong Holdings Group Ltd.
[08/31]Forum on Insurance & Insurance Asset Management Industries’ Innovation and Legal Health Development under the New Pattern of Financial Opening-up and Release Conference of Blue Book of Legal Health of China’s Insurance Industry 2018 (Index & Special Reports)At present, China’s financial open-up has entered a substantial promotion stage, and as an important link thereof, opening-up of insurance industry plays a unique role in financial opening-up. Under the new opening-up pattern of finance and insurance industry, and in the new situation of pan-asset management and integrated development, it has become an urgent topic to discuss and study how China’s insurance asset management institutions should grasp development opportunities, meet challenges head on, how to promote standardized transformation and sound development of the insurance and insurance asset management industries, and how to achieve innovation and high-quality development in compliance.
[08/17]Launch ceremony of DOCVIT bond default dispute resolution new product line and seminar on bond default disposal and bond market development under the new normal of economyHalfway through 2019, how will the bond market perform in the second half of the year? How will various factors affecting the bond market work? Where are the investment opportunities? How do bond default disposal and bond market develop under the new normal of economy? In order to discuss the above issues in depth, Beijing DOCVIT Law Firm will hold a seminar “bond default disposal and bond market development under the new normal of economy”. At the seminar, DOCVIT bond default dispute resolution new product line will be released; the product line studies and analyzes the development environment of China’s bond market and the problems and challenges facing its dispute resolution in the context of the new normal of economy and, from a legal perspective, explores the new ideas on bond default disposal in the context of tighter regulation.
[08/03]3rd Forum on China’s Economic Development and Legal Regulation and Release Ceremony of GLGA Blue Book of China’s Non-performing Assets 2018In recent years, in the face of a complex international environment and arduous tasks of domestic reform, development and stability, China's economy has maintained a generally steady development trend. However, the Sino-US trade issue is still unresolved and, given the aftershocks of domestic market’s breaking the rigid payment, can China’s economy maintain low volatility and high-quality, stable development in the future? And what opportunities and challenges will China’s macroeconomic development face?
Over the years, business and brand of DOCVIT have matured and won the "Special Contribution Award of All China Lawyers Association", "Excellent Law Firm in Beijing", "Excellent Law Firm in Chaoyang District", ALB2016 Asia Top Ten Elite Law Firm, 2018 Outstanding Law Firm Award by China Business Law Journal, etc.