Based on Taiwan's Company Act, which of the following descriptions of a shareholder derivative suit is inaccurate?

AA shareholder derivative suit is a suit brought by a shareholder on behalf of the company.

BIn limited situations, a company has the right to ask the shareholder to withdraw the shareholder derivative suit.正確答案

CIf a shareholder derivative suit prevails in court, the shareholder who brought the suit may, under certain limited conditions, receive monetary compensation.

DA shareholder needs to hold more than 1 percent of outstanding shares to file a shareholder derivative suit.

答案與詳解

正確答案

依我國公司法，公司無權要求股東撤回其提起的股東代位訴訟。

逐選項解析

AA shareholder derivative suit is a suit brought by a shareholder on behalf of the company.股東代位訴訟定義✕ 錯誤

股東代位訴訟（Shareholder derivative suit）即為股東代表公司對董事提起訴訟；依公司法第214條第2項，監察人受請求後30日內不起訴時，該股東得為公司提起訴訟，敘述正確。

BIn limited situations, a company has the right to ask the shareholder to withdraw the shareholder derivative suit.訴訟撤回權✓ 正確

公司法第214條、第215條均未賦予公司在特定情況下要求股東撤回代位訴訟之權利，此選項描述錯誤，為本題正確答案。

CIf a shareholder derivative suit prevails in court, the shareholder who brought the suit may, under certain limited conditions, receive monetary compensation.✕ 錯誤

DA shareholder needs to hold more than 1 percent of outstanding shares to file a shareholder derivative suit.✕ 錯誤

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