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The cancellation of a resolution of the General Meeting of Shareholders is an important right of shareholders, helping to protect the rights and fairness of the company’s operations. Understanding the cases where they have the right to request cancellation not only helps shareholders confidently participate in the management process but also ensures that the decisions of the General Meeting of Shareholders always reflect the will and common interests. of all shareholders. Next, let’s join Long Phan to learn about the cases in which you have the right to request the cancellation of a resolution of the General Meeting of Shareholders.
According to the provisions of Article 151 and Clause 2, Article 115 of the Law on Enterprise 2020, the subject has the right to request the cancellation of a resolution of the General Meeting of Shareholders (GMS) including shareholders or groups of shareholders owning from 5% of the total number of ordinary shares or more. In addition, if the company’s charter stipulates a lower rate, those shareholders or groups of shareholders also have the right to request cancellation.
This means that shareholders with sufficient ownership percentages will have the right to participate in important decisions regarding the cancellation of resolutions that they believe violate the provisions of law or the Company’s Charter. This regulation is intended to protect the interests of shareholders, ensuring that decisions made at the General Meeting of Shareholders must properly reflect the will and interests of shareholders.
The agency resolves requests the cancellation of a resolution of the General Meeting of Shareholders
According to the provisions of Article 151 of the Law on Enterprise 2020, the competent authority to resolve requests to cancel resolutions of the General Meeting of Shareholders (GMS) is the Court or Arbitration.
According to Article 151 of the Law on Enterprise 2020, shareholders have the right to request the cancellation of a resolution of the General Meeting of Shareholders in two main cases:
Thus, understanding these cases is necessary to protect rights and ensure transparency in company management.
Pursuant to Article 151 of the Law on Enterprises 2020, subjects have the right to request the cancellation of a resolution of the General Meeting of Shareholders (GMS) within 90 days from the date of receipt of the resolution, minutes of the General Meeting of Shareholders or minutes. Results of counting votes for opinions of the General Meeting of Shareholders. This time limit is prescribed to ensure that shareholders and stakeholders have enough time to review and evaluate the legality of passed resolutions.
At Long Phan, we provide consulting and support services for canceling GMS resolutions with diverse and effective solutions, including:
The right to request the cancellation of a resolution of the General Meeting of Shareholders is an important mechanism to protect the rights of shareholders and ensure transparency in the company’s operations. With Long Phan’s consulting and support services for canceling the resolutions of the General Meeting of Shareholders, we will bring you optimal solutions, helping to protect your rights and ensure fairness in company operations. Please contact us via the hotline 0906735386 to receive dedicated and professional support!
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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