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Economic Law Case Analysis Questions

Case 1

1. The chairman’s decision to convene an extraordinary shareholders’ meeting did not comply with legal requirements. The Company Law stipulates that if shareholders representing more than one-tenth of the voting rights, more than one-third of the directors, the board of supervisors, or supervisors of a company without a board of supervisors propose to convene a temporary meeting, a temporary meeting shall be held. Therefore, the chairman can only propose but cannot decide.

2. The convener who convened the extraordinary shareholders’ meeting did not comply with legal requirements. If a board of directors is established, the shareholders' meeting shall be convened by the board of directors and not by the chairman of the board of directors.

3. The number of people who agreed to amend the company’s articles of association does not comply with legal requirements. The Company Law stipulates that any resolution passed by a shareholders' meeting to amend the company's articles of association must be approved by shareholders representing more than two-thirds of the voting rights. In this case, it is only three-fifths, less than two-thirds.

Case 2

1. Chen’s failure to register the change of house was not in compliance with the law. The Company Law stipulates that if investment is made in non-monetary property, the transfer procedures for property rights must be completed in accordance with the law.

2. Wang made a mistake in convening and presiding over the first shareholders' meeting. The first shareholders' meeting shall be convened and chaired by the shareholder with the largest capital contribution, that is, it shall be convened and chaired by Chen.

3. The company's articles of association are signed and sealed only by Chairman Zhang, which violates the provisions of the company law and should be signed by all shareholders.