股东知情权英文法律意见书.docxVIP

Name : 高阳 Num.: 511329016019 Mr. Ye、Mr.Jiang and Mrs.Zhu (Jiang’s mother in-law) joint contribution to set up the Lide co., LTD. in Apr 18th of 2010, and a stake of 33%、27%、40% respectively. The article appointed that the company director for the valves and valve accessories production and sales, the shareholders have the right to know the company’s operating and financial conditions, and the supervisors have the right to check the company’s financial. Mr. Jiang was appointed the executive director and general manager, Mr. Ye was appointed the supervisor. I have now had an opportunity to research the law on this point and I can provide you with the following advice. To represent the facts of the case, Mr. Ye conflicted with the management in the process of the business management in Sep. 2011. Mr. Ye reported to the public security organ that Jiang gang up with the accountant deficit the public founds. The public security organ asked for any related evidence, then Ye made request to consult the accounting books of the company. But the company refused, so Ye appealed to the court. There are series of stipulations in the Company Law of China. Article 33 says that “Every shareholder may request to review the accounting books of the company. Where a shareholder requests to review the accounting books of the company, it shall submit a written request, which shall state his motives. If the company, has the legitimate reason to believe that the shareholders requests to review the accounting books has an improper motive and may impair the legitimate interests of the company, it may reject the request of the shareholder to review the books and shall, within in 15 days after the shareholder submits a written request, give the shareholder a written reply, which shall include an explanation. If the company rejects the request of any shareholder to review the accounting books, the shareholder may plead a peoples court to demand the company to open the books for his review.” T