How to protect the rights of state-owned shares in the demolition of enterprises?

Private capital in these cases is often small Shareholders were dissatisfied with the compensation, but they were unable to convene a general meeting of shareholders to express their wishes and file a lawsuit in the name of the enterprise. Some are directly controlling shareholders and face pressure from minority shareholders. Therefore, they have not been able to protect their legitimate rights and interests in the process of compensation, negotiation, and negotiation. To solve this problem, first of all, we must take everyone to understand the relevant laws and regulations:

The demolition of houses on state-owned land must follow the " Regulations on Acquisition and Compensation of Houses on State-owned Land", which is also known as the State Council Order No. 590 . Among them, Article 17 stipulates: The compensation that enterprises on state-owned land can obtain includes: the value of the house, the transitional resettlement fee for relocation, the loss of production and business suspension, and the incentive fee. Article 19 stipulates: The value compensation of the house shall not be lower than the market price of similar houses in the surrounding area.

So what is the price of the plant? If there are factories selling in the surrounding area, you can refer to this price; if not, you can calculate the price of the surrounding commercial housing by yourself, and it will not be lower than the price of the land and the replacement of the ground objects to the new price. If the compensation is lower than this standard, even small shareholders can or should make a claim to protect their legitimate rights and interests.

What if the general meeting of shareholders cannot be convened and a lawsuit cannot be filed in the name of the company? Article 16 of the "Interpretation of the Supreme People’s Court on the Application of the Administrative Litigation Law of the People’s Republic of China" stipulates that if the shareholders’ meeting, shareholders’ meeting, and board of directors of a joint-stock enterprise believe that an administrative act made by an administrative agency infringes on the autonomy of the enterprise’s operation, the enterprise may Litigation in the name.

If the parties to the joint venture, Sino-foreign joint venture or cooperative enterprise associate, joint venture, or cooperative enterprise believe that the rights of the joint venture, joint venture, or cooperative enterprise or their legal rights are infringed by an administrative act, they may initiate a lawsuit in their own name.

If a non-state-owned enterprise is cancelled, cancelled, merged, forcibly merged, sold, divided or changed by the administrative agency, the enterprise or its legal representative may file a lawsuit.

According to the provisions of the appeal, our company is not satisfied with the compensation when it encounters demolition and relocation. It can act as an administrative counterpart or as an interested party to file a lawsuit.

If you have any relevant legal questions, please consult Beijing Jingkang Law Firm. A team of professional lawyers will answer your questions.