Transfer of shares system is an important part of limited liability companies' systems. The characteristic of person cooperation and property joint of limited liability company decides that transfer of shares which must been restricted. How to not only ensure shareholders' shares transfer freely but also not destroy the bases of person cooperation of limited liability company, which has been become a problem that lawmaker of different country considered on. It doesn't adapt to the state of limited liability company in our economy that law theory and legislation practice about transfer of shares in limited liability company which are not sufficiently advanced. It will exert an active influence not only on limited liability company but also on economic development of our country about consummating transfer of shares system.Using methods of comparative jurisprudence and historical jurisprudence, basing on correlative rules of the new Company Law, working over the experience of relevant foreign legislation, this paper discusses the deficiency of the cunent stock transferring system, then the author brings forward the designing concepts and perfect suggestion regarding the shares transferring procedures from the aspects of preemptive right of the shareholder, withdrawal system, the stockholder's right inheritance, the stockholder's rights enforces. It is wished that this paper will promote theory innovation, system construction and dissension solution.
|