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股东在公司的股东大会上行使表决权的过程就是股东大会决议形成的过程,是将股东的自身意志转化为公司意志的过程。其最终结果无外乎两种情况:股东大会决议成立或者股东大会决议不成立。不过,即便是已经成立的股东大会决议也未必具有完全的法律效力。它还可能具有无效或者可撤销的情形。本文主要讨论的是如何评定一项股东大会决议的法律效力。这里可以分为股东大会决议成立和不成立两种情形下讨论。
Shareholders in the company’s general meeting of shareholders to exercise the right to vote is the process of the resolution of the General Assembly formed the process is to transform the shareholders’ own volition into the company’s will. The final result is nothing less than two situations: the resolution of the general meeting of shareholders or the shareholders meeting resolution is not established. However, even the resolution of a general meeting of shareholders that has been established may not have full legal effect. It may also be invalid or revocable. This article focuses on how to rate the legal effect of a resolution of a general meeting of shareholders. Here can be divided into shareholders meeting resolution was established and not established two cases of discussion.