【Issuing Unit】Supreme People's Court
【Issuing Document Number】Fa Shi [2006] No.3
【Issuing Date】2006-04-28
Interpretation of Several Issues on the Application of the Company Law of the People's Republic of China by the Supreme People's Court (No. 1)
(Fa Shi [2006] No. 3)
Announcement of the Supreme People's Court of the People's Republic of China
The Provisions of the Supreme People's Court on the Application of Several Issues of the Company Law of the People's Republic of China (No. 1) were adopted at the 1382nd meeting of the Supreme People's Court on March 27, 2006, and are now promulgated and shall come into effect on May 9, 2006.
April 28, 2006
In order to correctly apply the Company Law of the People's Republic of China amended at the eighteenth meeting of the Standing Committee of the Tenth National People's Congress on October 27, 2005, the following provisions are made on the specific application of the relevant provisions of the Company Law by the people's courts in the trial of related civil disputes:
Article 1 After the implementation of the Company Law, the civil cases that have not been tried and the new accepted civil cases, whose civil acts or events occurred before the implementation of the Company Law, shall be governed by the laws and regulations and judicial interpretations at that time.
Article 2 In the event that disputes over civil acts or events occur before the implementation of the Company Law and are brought to the people's court, if the then applicable laws, regulations, and judicial interpretations do not clearly stipulate, the relevant provisions of the Company Law may be referred to for application.
Article 3 When the plaintiff files a lawsuit with the people's court based on the reasons stipulated in Article 22, Paragraph 2 and Article 75, Paragraph 2 of the Company Law, the people's court will not accept the case if the time limit stipulated in the Company Law has expired.
Article 4 The period of continuous shareholding for more than 180 days as stipulated in Article 152 of the Company Law shall be the period of shareholding that has expired when a shareholder files a lawsuit with the people's court; the total shareholding of more than one percent of the company refers to the combined shareholding of more than one shareholder.
Article 5 The people's courts shall not apply the provisions of the Company Law to the cases that have been finally adjudicated before the implementation of the Company Law, when they conduct a retrial of such cases in accordance with the law.
Article 6 This regulation shall come into effect on the date of its promulgation.