How Do I Become a Corporate Litigator?

Direct shareholder lawsuits refer to the lawsuits brought by shareholders against the company or other infringers, including directors, supervisors and employees of major shareholders of the company, for their own benefit. It is generally believed that the provisions of Article 151 of the Company Law are general provisions for direct shareholders' lawsuits. Litigation for violations. "

Shareholder litigation

China

Shareholder lawsuits are divided into

Shareholder litigation

As the market becomes more sophisticated and

Article 63 of the Securities Law, which came into effect on July 1, 1999, provides for a certain degree of expansion of direct litigation.

In terms of relief procedures,

To further improve China's current

Representative litigation is currently insufficiently regulated in Chinese law. It is generally believed that the Chinese Company Law

[British law] The types of shareholder actions:

Personal claims

where a right of a shareholder has been infringed by the majority, he can sue. the injury or wrong in question is suffered by the shareholder, rather then the company. English law case: MacDougall v Gardiner (1875)

2. personal claims for reflective loss

a shareholder cannot do is to recover damages merely because the company in which he is interested has suffered damage, because such a loss is merely a reflection of the loss suffered by the company. shareholder need to demonstrate that he suffered a distinct loss, that is Separate and independent from that suffered by the company. If the shareholders personally lose the knowledge of the loss of the business, they cannot claim compensation. If the shareholders want to compensate, they must explain that the losses they suffered are independent of the company's losses. English law case: Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) (1982)

3. representative actions (group litigation)

the claimant is suing on behalf of himself and other members who have the same right which has been abused or infringed. an indlidual may bring an action in a representative form.

Derivative claims

CA 2006 s.260 (1), claims can be brought by a member of a compamy in respect of a cause of action vested in the company and seeking relief on behalf of the company. At the time of the lawsuit, the shareholder filed a lawsuit in his own name for the benefit of the company and pursued the legal liability of the infringer.