法律外文文献翻译-股东代表诉讼制度 第2页

法律外文文献翻译-股东代表诉讼制度 第2页
persons (directors, senior management, etc.) then as the first three participate in the proceedings. China's 2005 "Company Law" Although litigation on behalf of the shareholders were clearly defined, but does not require a company to the status of the parties to the proceedings. "Companies Act explained (2) (Draft)" Article 29, paragraph 2, states: "People's Court litigation on behalf of shareholders, when the company as a third person."
(D) other representatives of the shareholders of the status of proceedings
The plaintiff shareholders in the shareholder lawsuit filed after the other shareholders are not deprived of the same event also brought suit on behalf of the rights of shareholders. In actual operation, countries have different practices. When the number of shareholders were on the same facts shareholder lawsuit, the absence of other factors that limit, the court generally allows the United States before filing the lawsuit to continue, and other proceedings will be suspended, dismissed or merged into the litigation to have been placed on file. When the proceedings began, usually allow and encourage other shareholders to join the ranks of the plaintiff, when the plaintiff when a large number of shareholders to designate representatives, in accordance with the requirements of class action treatment. To protect its shareholders the right to appeal, in some countries, the company also informed the Law explicitly stipulates the obligation. China's "Law" clearly provides that a shareholder lawsuit filed on behalf of the shareholders may be filed separately and also jointly filed by原文请找腾讯752018766优,文|论~文/网http://www.youerw.com , paragraph 2, clearly states: "The plaintiff's other shareholders and the shareholders of the same facts and participate in the proceedings by the applicant, meet the conditions of the Company Law provides for the prosecution, should be permitted; its increased claims, the cases can be handled. "The regulatory settlement on behalf of other shareholders in the status of the proceedings, and set in the proceedings or joinder is feasible manner.

Second, the special procedures for shareholder lawsuit
(A) the Shareholder's pre-litigation procedure
Shareholder litigation to protect the substantive rights belong to the company, so national legislation were to require a shareholder in the prosecution of the company before the first board of directors or supervisory board should be made to the company on behalf of the victims have filed suit only after being refused to be filed on behalf of proceedings. States compay act pre-litigation process on behalf of the provisions of the same. In this regard, the United States "Model Law on Commercial Companies," provides that only those with certain conditions, shareholders can initiate a derivative program, only eligible shareholders held companies according to company founders, directors and other virulence of human accountability v. 60 days, the company has not filed the lawsuit, the shareholders of a claim can be filed shareholder lawsuit.
China's "Company Law" Article 152 of the three sub-conditions on the shareholder lawsuit and the pre-defined procedure for the front of the shareholder lawsuit procedural requirements were more specific, will be held related companies filed a request Damage Liability refinement for different companies authorities, and thus help to play a substantial role in the pre-program. In addition, our "Company Law" Article 152, paragraph 2 provides that shareholders may from time in an emergency procedure by the pre-specified waiting period, and direct action brought on behalf of shareholders.
(B) the jurisdiction of the Shareholder Litigation
On behalf of the shareholder litigation, as the defendant's virulence of people (in the common law for the damage caused by the defendant as a real person) may be in a highly dispersed state, while in the litigation itself is critical to the company's position, so from the easy litigation settlement proceeding, it should be defined as the exclusive jurisdiction of the jurisdiction. Countries (regions) Law as a substantive law, most do not have to make it clear that as a procedural law which will deal with the problem. China's "Law explained (2) (Draft)" Article 29, paragraph 1, explicitly states: "The shareholders of the Company Law 150th according to the provisions of two articles mentioned in the shareholder lawsuit, the company has his domicile . "and so, China has also introduced the company shareholder lawsuit court exclusive jurisdiction of the domicile.

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