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DONGFENG MOTOR GROUP CO., LTD
Article Of Association
Where a notice is deposited under the preceding paragraph, the Company shall within fourteen(14) days send a copy of the notice to the relevant governing authority. If the notice contains a statement under subparagraph (2) of the preceding paragraph, a copy of such statement shall be placed at the Company’s registered office for shareholders’ inspection. The Company shall also send a copy of such statement by prepaid post to every holder of H Shares at the address registered in the register of members.
Where the certified public accountant firm’s notice of resignation contains a statement of any circumstances which should be brought to the notice of the shareholders or creditors of the Company, the certified public accountant firm may require the Board to convene a shareholders’ extraordinary general meeting for the purpose of giving an explanation of the circumstances connected with its resignation.
(vii) Dispute resolution
Whenever any disputes or claims arise between holders of the overseas-listed foreign-invested shares and the Company, holders of the overseas-listed foreign-invested shares and the Company’s Directors, Supervisors, manager or other senior management, or holders of the overseas-listed foreigninvested shares and holders of domestic-invested shares, based on the Articles of Association or any rights or obligations conferred or imposed by the PRC Company Law or any other relevant laws and dministrative regulations concerning the affairs of the Company, such disputes or claims shall be referred by the relevant parties to arbitration.
A claimant may elect arbitration at either the China International Economic and Trade Arbitration Commission in accordance with its rules or the Hong Kong International Arbitration Centre in accordance with its Securities Arbitration Rules. Once a claimant refers a dispute or claim to arbitration, the other party must submit to the arbitral body elected by the claimant.
If the claimant elects arbitration at Hong Kong International Arbitration Centre, any party to the dispute or claim may apply for a hearing to take place in Shenzhen in accordance with the Securities Arbitration Rules of the Hong Kong International Arbitration Centre.
In the event that any disputes are to be resolved by way of arbitration, the laws of the PRC shall apply, save as otherwise provided in laws and administrative regulations.
Where a dispute or claim of rights is referred to arbitration, the entire claim or dispute must be referred to arbitration, and all persons who have a cause of action based on the same facts giving rise to the dispute or claim or whose participation is necessary for the resolution of such dispute or claim, shall abide by the arbitration provided that such person is the Company or the Company’s shareholder, Director, Supervisor, manager or other senior management. Disputes in relation to the identification of shareholders and disputes in relation to the share register need not be referred to arbitration.
The award of an arbitration body shall be final and conclusive and binding on all parties. |