(2017)最高法民申2148号

Gazette Case: Jilin Huiguan Investment Co., Ltd., with Dongzheng Rongcheng Capital Management Co., Ltd. as Third Party, v. Changchun Northeast Asia Logistics Co., Ltd., with Dong Zhanqin as Third Party

A company's continuing profitability is not decisive in deciding judicial dissolution. Where a substantial shareholder has long been unable to exercise basic rights of participation, oversight, and governance benefit-sharing, and repeated attempts at valuation exit, share acquisition, or negotiated management arrangements fail to restore normal governance, a court may find severe management difficulty and grant dissolution.

Holding

A company's continuing profitability is not decisive in deciding judicial dissolution. Where a substantial shareholder has long been unable to exercise basic rights of participation, oversight, and governance benefit-sharing, and repeated attempts at valuation exit, share acquisition, or negotiated management arrangements fail to restore normal governance, a court may find severe management difficulty and grant dissolution.

Issues

shareholder oppression and dissolutionwhether a profitable company may still be judicially dissolvedwhether alternative remedies have been exhausted