The Legal System Analysis On Inheritance To The Sharehold's Qualifications Of The Limited Liability Company

Along with the rapid economic development of our country, the problem of the shareholder's qualifications is becoming more and more serious in the limited liability company. Particularly regarding the present privately operated Family firm, because in the early years of the company, the constitution of company had not provided how the shareholder qualifications do inherit. In the event of force majeure factors, it will have some problems about the shareholder's qualifications whether can be inherited, and how to inherit. Thus, the article 76 in the new"The Company Law of the People's Republic of China"stipulates that: after the death of the shareholder, its legitimate heir may inherit the share equity, unless there is provided otherwise in the articles of the association, but this article have a lot of problems.This paper discussed about the shareholder's qualifications, mainly from the perspective of "Company Law" and "Inheritance Law" to demonstrate the point, can be divided into four parts.The first part, summarizes and induces our country present all kinds of laws and regulations, in order to seek the legislative spirit of the shareholder's qualifications inheritance, and at the same time through the analysis of the relationship among the shares, shareholders' right, the shareholder's qualifications, the shareholder's qualifications inheritance, n order to make the reader can understand the shareholder's qualifications inheritance.The second part, have analyzed overseas (area) the legal rule of the shareholder's qualifications inheritance. Legislation adopted in many countries is the civil law or common law, so this part is analysed mainly from the two legal systems. Through analyze overseas (area) the legal rule of the shareholder's qualifications inheritance and give some suggestions, in order to perfect the legal system of the shareholder's qualifications inheritance.The third part, the legal system of the shareholder's qualifications inheritance is analysed mainly from the perspective of the subject and object. At first, the object of inheritance is analysed. The author study on not only the inheritor, but also the ancestor. The paper also analyses the damaged interests of the Limited liability company which may caused by the shareholder's qualifications .The next the author analyses the legal system of the shareholder's qualifications inheritance from the perspective of the object. Because it's have a lot of controversy on whether the shareholder's qualifications can be inherited and how to inherit, etc. Therefore, many problems of the shareholder's qualifications inheritance have be summarized by the author, in order to solve it in time.The fourth part, Suggestions are given to perfect the legal system of the shareholder's qualifications inheritance, at the same time put forward some principles should be followed, in order to promote the smooth and steady development of company.