||A corporation is founded, according to the Company Act, to gather funds from a large number of people for a large-scale enterprise. Numerous shareholders are its normal state, especially in a publicly traded corporation.|
Since a corporation is a profit-making aggregate organization, the shareholders can’t exercise their company-related right other than in the shareholders’meeting.
However, the majority of people being not familiar with the regulations or the rules of procedure, the meetings are withdrawn or revoked by the court owing to the convening procedures, resolution methods, the content of the resolution, or the breach of law.
As a result, not only does the corporation waste the cost for convening a meeting, but the pending resolutions also affect its operation, which leads to the instability. How to effectively convene a shareholders’ meeting so as to reach legal resolutions is extremely crucial for a corporation.
This study attempts to, from a legal perspective, gather practical judgments concerning the resolution flaws from the supreme court in the last five years, analyze and discuss types of resolution flaws and their legal effects, and raise the preliminary analysis based on the practical judgments on the resolution flaws. Finally, through Delphi Survey, the study examines the feasibility of the suggestion, furthermore modifies it, and supplement the suggestion.
The study aims to raise types of resolution flaws commonly seen in the shareholders’ meeting and to elaborate on their legal effects which the supreme court rules. The study should help the corporation legally convene the shareholders’ meeting and achieve legal resolutions so as to avoid going to court and affect the corporation’s operations. On the other hand, this study can also help the shareholders supervise their company and ensure their rights when the resolution flaws arise.