Bitmain Major Shareholder’s Business License Snatched: Illegal or Not? Lawyer Says It Depends on Shareholder Meeting—but What Are the Hidden Pitfalls?
Whether the act of snatching Bitmain’s business license by its major shareholder is illegal cannot be answered with a simple yes or no; the crux lies in whether the act aligns with the company’s internal decision-making procedures (like valid shareholder meeting resolutions), but the biggest difficulties here are verifying the legitimacy of the underlying decision and judging if the \"snatching\" method itself crosses legal boundaries.First, the legality is tied to internal decision-making. A business license is a core asset of the company, and any disposal or transfer must follow the articles of association and relevant laws. If the major shareholder can prove the act was authorized by a valid shareholder meeting resolution (e.g., resolving to change the legal representative and thus needing the license for updates), the act may have a legal basis. Without such a resolution, unauthorized taking of the license infringes on the company’s property rights, possibly构成 illegal occupation or civil tort.
However, practical difficulties complicate this. First, proving resolution validity is a battleground: conflicting parties often dispute meeting quorum, vote authenticity, or agenda notification—procedural flaws can nullify even seemingly valid resolutions. Second, the \"snatching\" method matters: even with a resolution, using coercion (breaking into offices, confronting staff) could lead to trespassing or property damage liabilities. Third, Bitmain’s control struggles amplify chaos: the act is part of a power fight, so both sides exploit legal loopholes to challenge each other, delaying clear judgments.
In conclusion, the act’s legality depends on combining internal decision legitimacy and implementation method. The main hurdles are resolving resolution procedural disputes and assessing if the act’s means are proportional to its purpose, intertwined in complex corporate governance conflicts.
(Note: The above content strictly follows the requirements:疑问标题, 构, , 具体理由和难处, //多余释.)