On what basis must the person convening the General Meeting of Shareholders prepare the agenda for the General Meeting of Shareholders?

On what basis must the person convening the General Meeting of Shareholders prepare the agenda for the General Meeting of Shareholders?

Pursuant to Article 140 of the Law on Enterprises 2020 on convening the General Meeting of Shareholders east:

Convening the General Meeting of Shareholders

1. The Board of Directors convenes the annual and extraordinary General Meeting of Shareholders. The Board of Directors convenes an extraordinary meeting of the General Meeting of Shareholders in the following cases:

a) The Board of Directors deems it necessary for the benefit of the company;

b) The number of remaining members of the Board of Directors and the Control Board is less than the minimum number of members as prescribed by law;

c) At the request of a shareholder or group of shareholders. specified in Clause 2, Article 115 of this Law;

d) At the request of the Supervisory Board;

dd) Other cases according to the provisions of law and the company’s Charter.

2. Unless otherwise stipulated in the company charter, the Board of Directors must convene a meeting of the General Meeting of Shareholders within 30 days from the date of the occurrence of the case specified in Point b, Clause 1 of this Article or receiving the request to convene a meeting specified in Points c and d, Clause 1 of this Article. In case the Board of Directors does not convene a meeting of the General Meeting of Shareholders as prescribed, the Chairman of the Board of Directors and members of the Board of Directors must compensate the company for damages incurred.

3. In case the Board of Directors does not convene a meeting of the General Meeting of Shareholders as prescribed in Clause 2 of this Article, within the next 30 days, the Supervisory Board will replace the Board of Directors to convene a meeting of the General Meeting of Shareholders in accordance with the provisions of this Law. In case the Supervisory Board does not convene a meeting of the General Meeting of Shareholders as prescribed, the Supervisory Board must compensate the company for damages incurred.

4. In case the Supervisory Board does not convene a meeting of the General Meeting of Shareholders as prescribed in Clause 3 of this Article, the shareholder or group of shareholders as prescribed in Clause 2, Article 115 of this Law has the right to represent the company to convene a meeting of the General Meeting of Shareholders in accordance with the provisions of this Law.

5. The person convening the General Meeting of Shareholders must perform the following tasks:

a) Prepare a list of shareholders with the right to attend the meeting;

b) Provide information and resolve complaints related to the list of shareholders;

c) Prepare the agenda and content of the meeting;

d) Prepare documents for the meeting meeting;

d) Draft resolution of the General Meeting of Shareholders according to the expected content of the meeting; list and detailed information of candidates in case of election of members of the Board of Directors and Supervisors;

e) Determine the time and location of the meeting;

g) Send a meeting invitation to each shareholder with the right to attend the meeting according to the provisions of this Law;

h) Other work serving the meeting meeting.

Thus, it can be seen that the agenda for the General Meeting of Shareholders is prepared by the convener of the General Meeting of Shareholders based on the basis of the meeting, and must also fall under the authority of the General Meeting of Shareholders.

When was the agenda for the General Meeting of Shareholders officially approved?

Pursuant to Article 146 of the Law on Enterprises 2020 on the format of conducting meetings and voting at the General Meeting of Shareholders:

Form of conducting meetings and voting at the General Meeting of Shareholders Dong

In cases where the Company Charter does not provide otherwise, the meeting and voting procedures at the General Meeting of Shareholders shall be conducted as follows:

1. Before opening the meeting, shareholders must be registered to attend the General Meeting of Shareholders;

2. The election of the chairman, secretary and vote counting committee is prescribed as follows:

…

3. The meeting agenda and content must be approved by the General Meeting of Shareholders in the opening session. The program must determine the time for each issue in the meeting agenda;

4. The chairman has the right to take necessary and reasonable measures to run the meeting in an orderly manner, in accordance with the approved program and reflecting the wishes of the majority of meeting attendees;

Thus, in case the Company Charter does not have other provisions, the General Meeting of Shareholders’ Meeting Agenda must be approved by the General Meeting of Shareholders in the opening session.

Note: The program must determine the time for each issue in the meeting agenda.

Is the dividend level for each share of each type an issue discussed by the Annual General Meeting of Shareholders?

Pursuant to Clause 3, Article 139 of the 2020 Enterprise Law on the General Meeting of Shareholders:

General Meeting of Shareholders

…

3. The Annual General Meeting of Shareholders discussed and approved the following issues:

a) The company’s annual business plan;

b) Annual financial report;

c) Report of the Board of Directors on the governance and performance of the Board of Directors and each member of the Board of Directors value;

d) Report of the Supervisory Board on the company’s business results, the performance of the Board of Directors, Director or General Director;

d) Self-assessment report on the performance of the Supervisory Board and Controllers;

e) Dividend level for each share of each type;

g) Other issues under jurisdiction.

Thus, the dividend level for each share of each type is one of the issues discussed and approved by the Annual General Meeting of Shareholders.