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How to determine the cause of action in the dispute of withdrawal of anonymous shareholders?
1. Disputes over shareholders' rights These lawsuits include "disputes over shareholders' right to know" determined according to item 172 of the cause of action and Article 34 of the Company Law, and "disputes over the distribution right of company income" determined according to item 173 of the cause of action and Article 167 of the Company Law. 2. Investment disputes This kind of litigation is based on item 1 14, and the court accepting the case can determine the cause of action as "a breach of contract dispute due to insufficient investment" according to the provisions of Articles 28 and 94 of the Company Law. 3. There is no corresponding provision on the cause of action of shareholders' rights abuse dispute, and the litigation basis of company law is Article 20. According to Article 20 of the Company Law and the principle of cause of action, such lawsuits can be divided into "disputes that abuse shareholders' rights to harm the interests of the company" and "disputes that abuse shareholders' rights to harm the interests of creditors". According to Article 95 of the Company Law, the cause of action is determined as "a dispute in which the promoters set up a company to damage the interests of the company through negligence". 4. Disputes that directors, supervisors and managers harm the interests of the company. This kind of lawsuit can be classified as item 178 in the cause of action. According to Articles 1 13 and 150 of the Company Law, the cause of action can be specifically identified as "a dispute in which directors, supervisors and operations harm the interests of the company"; Because the damage to shareholders' interests is usually manifested as the damage to the company, according to the provisions of Article 153 of the Company Law, "disputes between directors, supervisors and enterprise operation that damage shareholders' interests" also belong to this kind of disputes. 5. Disputes that damage the company's interests by using related relationships. There is no corresponding provision in the cause of action. The most similar cause of action is a dispute that harms the interests of the company, but it cannot be included in such disputes. According to the principle of cause of action and Article 2 1 of the Company Law, the court accepting the case can determine the cause of action as "a dispute that damages the interests of the company by using the related relationship". 6. Equity transfer infringement disputes This kind of litigation can be classified as 170 in the cause of action. According to Article 72 of the Company Law, the cause of action can be specifically identified as "equity transfer objection dispute" and "equity transfer preemption dispute"; According to Article 75 of the Company Law, the specific cause of action is "equity repurchase dispute". 7. Company dissolution disputes This kind of litigation is the right granted to shareholders by Article 183 of the Company Law. There is no such lawsuit in the cause of action formulated by the Supreme Court, so there is no accurate corresponding cause of action in the cause of action, which can be classified as a contract dispute, and the court accepting the case may consider it as a "company dissolution dispute". 8. When disputes arising from the transfer of shares by anonymous shareholders or actual investors involve disputes between anonymous shareholders and prominent shareholders, prominent shareholders should generally be listed as defendants; The company is listed as the defendant when anonymous shareholders are required to be named; When disputes with third parties are involved, the third parties and prominent shareholders will be listed as * * * co-defendants. The third party and the dormant shareholder, the third party should list the dormant shareholder as the defendant.