取向力-男孩节
Name :
高阳
Num.: 5
Mr.
Ye
、
and
(Jiang
’
s mother in-law)
joint contribution to set up the Lide co., LTD.
in Apr 18th of 2010, and a stake of 33%
、
27%
、
4
0% respectively. The article appointed that the
company
director
for
the
valves
and
valve
accessories
production
and
sales,
the
shareholders
have
the
right
to
know
the
company’s
operating
and
financial
conditions,
and
the
supervisors
have the right to check the company’s
financial. Mr. Jiang was appointed the executive
director
and general
manager, Mr. Ye was appointed the supervisor.
I
have now had
an opportunity to research the law on this point
and I can provide
you with the
following advice.
To
represent the
facts of the
case, Mr. Ye
conflicted with
the management in
the
process
of the business
management in
Sep. 2011. Mr.
Ye
reported
to the public
security organ that Jiang gang up with
the accountant deficit the public founds. The
public
security
organ
asked
for
any
related
evidence,
then
Ye
made
request
to
consult
the
accounting
books
of
the
company.
But
the
company
refused,
so
Ye
appealed to the court.
1
、
There are series of stipulations in the
Company Law of China. Article 33 says
that
“Every
shareholder
may
request
to
review
the
accounting
books
of
the
company. Where a shareholder requests
to review the accounting books of the
company, it shall submit a written
request, which shall state his motives. If the
company, has the legitimate reason to
believe that the shareholder's requests
to
review the accounting
books has an improper motive
and
may impair the
legitimate
interests
of
the
company,
it
may
reject
the
request
of
the
shareholder
to
review
the
books
and
shall,
within
in
15
days
after
the
shareholder
submits
a
written
request,
give
the
shareholder
a
written
reply,
which shall include an explanation. If
the company rejects the request of any
shareholder
to
review
the
accounting
books,
the
shareholder
may
plead
a
people's court to demand the company to
open the books for his review.”
2
、
Though there are no specific
definitions
of the word “explanation”,
generally, it
always
follow
these
rules:1)
if
the
article
appoints
that
the
company
should
deliver
the
financial
and
accounting
book
to
the
shareholders
periodically,
when
the
shareholders
perform
their
rights,
it’s
reasonable,
the
company
should provide the material in time. 2)
Lawsuits and disputes should not be the
reason
that
the
company
refuse
to
provide
the
materials.
3)
All
the
shareholders
who
have
the
right
to
know
the
pecuniary
condition
could
perform their books of the access
rights, the company should not refuse for
the reason that the shareholders may
disturb the operation of the company.
The article of Lide co,.LTD. appointed
that shareholders have the right to know
the
operating
and
financial
conditions,
and
the
supervisor
has
the
right
to
inspect
the
finance
conditions.
So
Ye
who’s
the
shareholder
and
also
the
supervisor
of
this
company
ask
to
consult
the
accounting
books
of
the
company is
reasonably.
3
、
There
has
no
prohibition
of
business
strife
between
shareholders
and
the