The Research For The Restrictions On The Outside Shares Transfer In The Limited Liability Company

The Limited Liability Company combines certain characteristics and merits of both unlimited company and the publicly-held corporation. But at the same time, because the limited liability companies put the credit foundations not only on capital but also on contributors, such a feature make it difficult to devise a perfect regulation for its share right transfer. On the one hand, the capital-combined feature demands that the share right can be freely transferred, on the other hand, the partner's trust-combined feature requires protect original shareholder's interest, and restrict share right transfer to others. The restriction is fundamental to remain the company's trust basis in their shareholders, but the function can do harm to the share right's flow. How to grasp the extent to balance the transfer shareholder and the other shareholder's interest is the key of the shares transfer restriction system and also the key of this thesis.In the course of writing the thesis, the Company Law of P.R.C. had been devised by the NPC Standing Committee in the year 2005. The changes of legislation gives me more material and new chance for research this problem. The thesis analyzed Chinese company law, compared foreign advanced legislations, in order to give help to the research of company law. The writer studies the proposition through using the methods of history, positivism and comparativeness. There are four chapters in this thesis.Chapter oneIn chapter one, thesis differentiates the concept and legal nature of "share right transfer", "assets transfer", introduces Chinese legislations in Outside Shares Transfers in the Limited Liability Company during different period.Chapter two...