Reference Case: China Natural Gas Company v. Shaanxi Xilan Natural Gas Equipment Co., Ltd.
In a foreign-invested company, a valid decision made under the articles by the shareholder or other competent organ to remove and appoint the legal representative and directors takes effect internally upon adoption. If the company, as the entity responsible for registration and filing, refuses to recognize the appointment notice and delays the required change registration and filing for the legal representative, directors, and amended articles, a court may order it to complete those procedures within the statutory period.
Holding
In a foreign-invested company, a valid decision made under the articles by the shareholder or other competent organ to remove and appoint the legal representative and directors takes effect internally upon adoption. If the company, as the entity responsible for registration and filing, refuses to recognize the appointment notice and delays the required change registration and filing for the legal representative, directors, and amended articles, a court may order it to complete those procedures within the statutory period.