18.97.9.173
18.97.9.173
close menu
Accredited
주주총회 소집철회,변경의 법률관계
Withdrawal of the Duly Convened Shareholder`s Meeting
윤영신 ( Young Shin Yoon )
UCI I410-ECN-0102-2012-360-001843598

This paper discusses legal issues relating to a withdrawal of the duly convened shareholder`s meeting in a joint stock company. This paper first introduces recent two conflicting Korean Supreme Court decisions on the notification procedure of the withdrawal of the convened shareholder`s meeting. Next, this paper analyzes, in a more comprehensive manner, the issues relating to a withdrawal of the convened shareholders` meeting, i.e., (1) whether the withdrawal is ever allowed after dispatching the convention notice, (2) if allowed, how long and in which form a notice of a withdrawal shall be made under the Korean Commercial Code, (3) whether a resolution at a shareholders` meeting is valid if such resolution is made after the illegitimate withdrawal notice is sent out, and (4) whether and when a director(s) may breach his/her fiduciary duty in connection with a withdrawal of the convened shareholders` meeting. After and based upon all this analysis, this paper finally evaluates two conflicting Supreme Court decisions.

[자료제공 : 네이버학술정보]
×