Abstract
In a dispute over financial loan contract, where certain shareholders of an indebted company signed or stamped on a shareholders’ undertaking.
Collegial Bench for the Second Instance: Xiaohan Yu, Shengye Li and Weiming Ji
Edited by Yi Yang; translated by Xiaohua Zhu and Ting Sun
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Notes
- 1.
There is no corresponding provision in the Civil Code.
- 2.
This article is now included as Article 484 of the Civil Code, which states “(t)he effective time of an acceptance made in the form of a notice shall be governed by Article 137 of this Code. If notice of acceptance is not required, the acceptance shall become effective when an act of acceptance is performed according to the usage of trade or as required in the offer”.
- 3.
This article is now included as Article 61 of the Civil Code, infra.
- 4.
This article is now included as Article 504 of the Civil Code, which states, “(w)here the legal representative of a legal person or the person in charge of an unincorporated organization enters into a contract ultra vires, the representation shall be effective, and the contract shall be effective against the legal person or unincorporated organization, unless the other party knows or should have known that he or she acts ultra vires”.
- 5.
贺小荣主编:《最高人民法院民事审判第二庭法官会议纪要》,人民法院出版社2018年版,第192 ~ 193页。
- 6.
Article 43 of the Company Law states that “(u)nless it is otherwise provided for by this Law, the discussion methods and voting procedures of the shareholders meeting shall be provided for in the bylaw. A resolution made at a shareholders meeting on revising the bylaw, increasing or reducing the registered capital, merger, split-up, dissolution or change of the company form shall be adopted by the shareholders representing two-thirds or more of the voting rights.”
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Ji, W. (2022). China Cinda Asset Management Co., Ltd., Liaoning Branch, Jia X (A) v. Dalian Qianyi Heavy Industry Co., Ltd., and Dalian Qianyi Heavy Equipment Co., Ltd., Jiang X (Defendants in the First Instance). In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-16-8410-4_19
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DOI: https://doi.org/10.1007/978-981-16-8410-4_19
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