Database Case: Shanghai Management Consulting Co. v. Shanghai Enterprise Management Co.
In a closely held company, a board resolution that substantively alters the articles' allocation of power among the shareholders' meeting, the board, and the general manager is effectively an amendment of the articles. Such matters must be decided by the proper organ under the articles, and an ultra vires board resolution should be rescinded.
Holding
In a closely held company, a board resolution that substantively alters the articles' allocation of power among the shareholders' meeting, the board, and the general manager is effectively an amendment of the articles. Such matters must be decided by the proper organ under the articles, and an ultra vires board resolution should be rescinded.
Issues
board-resolution ultra viressubstantive amendment of articlesmanager-responsibility structure