LW6134 Chinese and Comparative Company Law
literature Mainland China English original

The Representative Power of the Shareholders' General Meeting under Chinese Law

Argues that the legal representative should be regarded as an agent rather than an organ, and that the general meeting can exercise representative power in limited governance-failure settings.

Open source

Brief English Introduction

This article gives students a full English account of why China’s legal representative system can become dysfunctional when the representative is unavailable or misaligned. Qu’s solution is not to make the board automatically supreme, but to recognize carefully bounded representative power in the shareholders’ general meeting.

Use It For

Use it with legal representative removal cases to ask who can act for a company when the registered actor no longer should.

Teaching Notes

Ask students to compare this proposal with the Company Law’s formal allocation of powers among shareholders, directors, and managers.