The Studies On Inheriting The Stock Rights Of A Limited Liability Company

Because of the capitalization and humanity in a limited liability company, could the stock right of the limited liability company be inherited? How to solve the disputes of stock right inheritance?The author try to study on this subject of stock right inheritance of Limited Liability Company by comparison of related theories and judicial practice based on the other scholars'previous researches. The full thesis is composed of four chapters.The first chapter, the character of stock right is the most important element in the stock right inheritance. This part focuses on discussing the character of the stock right, after analyzing different views of the character of stock right, the author defines that the stock right is an independent kind of civil right of a new type and is, in its nature, a property right.The second chapter is the analysis of the theory of stock right inheritance. By analysis of foreign laws and existing theories, the thesis tries to prove the study on this project is of great theoretic and practical value.Then concentrate on analyzing the theoretic basis of stock right inheritance, in the perspective of the inheritance object and the nature of the limited liability company.The third chapter, Article 76 of new Corporate Law stipulates on the shareholder's right to inherit in limited company as follows:"After a natural person shareholder is deceased, his legitimate heir may succeed to his shareholder qualification; except as otherwise provided in the articles of association of the company."This regulations have been important guidance to company practice, but it is vague and still many important problems are left untouched. So, at the end of this chapter, some reconstruction advice will be set out.The forth chapter discusses several unsolved problems in judicial practice area, for example, when does the heir possess the share? If the heir is a limited capacity for civil acts or non-capacity for civil acts, could he inherit the stock right? How to deal with the situation if there is only one shareholder left or there are more than 50 shareholders after inheritance? Was the shareholder's position in the company inherited? For the above questions there's no clear stipulation from the new Corporate Law. Suggestions are advanced which are based on both Chinese practice and other countries' legislation.