From then on, Yiming has met each other in Qingyunduan, and the year-end professional speech of the 2023 Shareholder Litigation Research Association has been a complete success!
On December 9, 2023, the 7th year-end professional summary speech of the Shareholder Litigation Research Association was held at
. Lawyer Zhang Shanhua, Deputy Secretary of the Party Committee of Shenzhen Law Association and Director of the Management Committee of
, lawyer Yu Yongbo, founder and president of the Shareholder Litigation Research Association, and more than 100 lawyer colleagues attended the year-end speech. The meeting was chaired by lawyer Lin Caiying, secretary general of the Shareholder Litigation Research Association.
Rope sawing, water dripping through stone, 2023 Shareholder Litigation Research Association, 14 members, 31 weeks, 3,500 cases, under the leadership and guidance of President Yu Yongbo, through weekly company law case studies, all cases of company law are analyzed, studied, and discussed, laying a solid foundation for each member's specialization.
speech
Zhang Shanhua, Deputy Secretary of the Party Committee of Shenzhen Lawyers Industry and Director of the Management Committee of
Lawyer Zhang Shanhua, Deputy Secretary of the Party Committee of Shenzhen Lawyers Industry and Director of the Management Committee of
, delivered a speech. Director Zhang first extended a warm welcome to everyone, expressed high praise to the Shareholder Litigation Research Association and Lawyer Yu Yongbo, and expressed the hope that the Shareholder Litigation Research Association would jointly promote the high-quality development of
and the entire industry.
Lawyer Yu Yongbo, Founder and President of Shareholder Litigation Research Association
Lawyer Yu Yongbo, founder and president of the Shareholder Litigation Research Association, delivered a speech. Lawyer Yu Yongbo said that the 2023 Shareholder Litigation Research Association was "the most entertaining one". He said that he was like a tour guide, leading everyone to experience the profound company law. It was so fascinating. And like a boatman, he took everyone from this side of the shore to the side where they could climb the mountain of company law. Finally, he sent a message to the 7th Shareholder Litigation Research Association, hoping that everyone would embark on the flower road and welcome the glory.
Keynote Address
After a brief speech, the 7th year-end professional summary speech of the Shareholder Litigation Research Association in 2023 officially began, with four lawyers representing the research association presenting a professional feast for everyone from the four themes of shareholder qualification confirmation and removal rules, how creditors pursue shareholder responsibility, the obligations and responsibilities of directors, supervisors, and senior executives from the perspective of the draft company law, and the exit road of small shareholders.
01
Lawyer Wang Ganlin, Beijing Haotian (Shenzhen) Law Firm
The topic of lawyer Wang Ganlin's speech was "Analysis of the Key Points of Shareholder Qualification Confirmation and Removal Rules". In terms of shareholder qualification confirmation, lawyer Wang Ganlin first introduced the legislative changes of shareholder qualification confirmation, the causes of shareholder qualification confirmation disputes, and analyzed how to confirm shareholder qualification through substantive and formal elements.
Afterwards, focusing on the situation of equity holding, it expounds the key points of the actual investor identification and name-raising procedures; in terms of shareholder disqualification, lawyer Wang Ganlin first introduces a classic case of 1% minority shareholder disqualification of 99% majority shareholder, and then combines legal provisions and practical cases to analyze the application status of shareholder disqualification and the remedies after shareholder disqualification.
Finally, the author analyzes the legislative trend by introducing the new changes on the disqualification of shareholders in Draft Company Law III.
02
Duan Xiaoling, Attorney of Guangdong Dana Law Firm
The theme of lawyer Duan Xiaoling's speech was "Analysis of how creditors pursue shareholders' responsibility". Creditors pursue shareholders' responsibility is very grand, running through all stages of company establishment, operation, dissolution, liquidation and cancellation. Lawyer Duan Xiaoling started with a simple creditor's rights dispute case represented by himself, combined with the principles of company law, and focused on the practical case of how creditors confirm their claims while making the company's shareholders responsible in the company's operation stage.
Through cases, this paper analyzes in detail how creditors request shareholders of a one-person limited liability company to bear joint and several liability, how to accelerate the expiration of shareholders' capital contributions before the capital contribution period, and how to make the original shareholders before the transfer of equity bear supplementary compensation liability for the company's debts, etc., to help the audience understand the thinking path of creditors to pursue shareholder responsibility, so as to safeguard the best interests of creditors.
03
Lawyer Zhang Siqin, Beijing Junzejun (Shenzhen) Law Firm
The theme of lawyer Zhang Siqin's speech was "Obligations and responsibilities of directors, supervisors, and senior executives from the perspective of the draft company law". Lawyer Zhang Siqin first introduced the corporate governance mechanism and described the governance mechanism and characteristics of our country's companies, and then analyzed the changes in the powers and powers of the company's directors, supervisors, and senior executives in the company law; then, in terms of the obligations of the company's directors, supervisors, and senior executives, explained what is the duty of loyalty and diligence, and elaborated on the duty of loyalty and diligence in the three drafts of the company law. Finally, combined with legal provisions and cases, it focused on the analysis of the responsibilities that the company's directors, supervisors, and senior executives should bear under different circumstances, including the company's ownership rights, directors, supervisors, and senior executives' compensation obligations to the company. Obligations of directors, supervisors, and senior executives to indemnify shareholders, and directors, supervisors, and senior executives The obligation to compensate creditors and other entities.
04
Li Yue, Attorney of Beijing Yingke (Shenzhen) Law Firm
The theme of Lawyer Li Yue's speech is "The Exit Path of Minority Shareholders". Lawyer Li Yue's sharing is introduced from a story. The good brothers of the year started a business together, but later turned against each other due to the suppression of minority shareholders and wanted to exit. The story is fascinating, introducing to everyone how to understand "withdrawal", and analyzing the four paths of minority shareholders' exit in detail through company repurchase, company dissolution, equity transfer, and company capital reduction. Finally, I explained to you the comparison and suggestions of the above four exit paths.
Award Ceremony
Institute Member Trophy
Group photo of the award ceremony
The red sun is rising, and its path is bright. The one-year research on shareholder litigation in 2023 has come to an end, and the new research meeting is about to embark on its journey. This is the Shareholder Litigation Research Association, which has strengthened the communication between Shenzhen lawyers and provided a broad platform for Shenzhen lawyers to play their professional advantages. In order to meet the best self, provide better legal services, and pursue professional supremacy, we have been on the road.
event site
Group photo of the 7th year-end professional summary speech of the Shareholder Litigation Research Association
A glimpse of the speech scene
This year-end professional summary speech will be splendid and shimmering with wisdom. The Shareholder Litigation Research Association pursues professional supremacy, which is in line with Zhiheng's development concept of "knowledge and action are unified, constant and far-reaching". In the future, Zhiheng will also uphold this concept, establish a professional foundation, lay a solid professional foundation, create a strong engine for Zhiheng's high-quality development, and help build a society under the rule of law.