Study On The Shareholder's Purchase Reference Of The Limited Company

Stock right transfer is the only way that a shareholder can choose to withdraw from the company. And the characteristic of the limited company has determined that the shareholder will receives all sorts of restrictions when he want to transfer his stock right. At present, it is considered to be the important characteristic of the limited company that the stock right cannot be transferred freely. The company law of various countries all acknowledge the validity of the restrictions in principle. Among the restrictions, in order to maintain the shareholder's trust foundation decided by the characteristic of the limited company, it is a kind of common and important restricted measure to give the other shareholders purchase preference when some shareholders transfer their stock right to the outside.This paper shows comparatively deep research on the shareholder's purchase preference system of limited company. The research approach is double analysis based on the theory of the limited company law and the purchase preference system .The author mainly probes into the practical issues happened during the process of purchase preference of the shareholders and then put forward the solution.The full paper is consisted of foreword, main body and conclusion. Among them, the main body is divided into four parts, the first part has pointed out the concept of shareholder'spurchase preference and it's legal principle basis. The second part have analyzed the object directed by shareholder's purchase preference, which should be stock right instead of funds. The third part put forward the principles to design shareholder's purchase preference system, including coordination principle and balanced principle of interests within legislative adjustment and free will. The fourth part shows comparatively overall and deep analysis on several issues appeared during the course when the shareholders exercise their purchase preference.