问答题
(a) state the circumstances under which an extraordinary general shareholders’ meeting shall be held by a joint stock company; (8 marks)
【正确答案】In accordance with Article 101 of the Company Law, under the following circumstances, shall an extraordinary general shareholders’ meeting be held by a joint stock company:
(i) if the number of directors is less than that as provided by the Company Law, or less than two-thirds of the number as required by the articles of association of the company;
(ii) if the amount of the company's losses that have not been made up reaches one-third of the total amount of its paid-up share capital;
(iii) if shareholders holding separately or jointly 10% or more of the company’s shares request to convene a shareholders’ meeting;
(iv) if the board of directors deems it necessary;
(v) if the supervisory board proposes that such a meeting be convened.
【答案解析】
问答题
(b) state the time limit for such an extraordinary general shareholders’ meeting to be held. (2 marks)
【正确答案】The extraordinary general shareholders’ meeting shall be held within two months from the date on which any of the above-mentioned circumstances takes place.