The Share Inheritance Of The Limited Liability Company

May the share and the shareholder identity be inherited? Different experts have different views and understanding. Many acadamic views are reflected in the trial practice. Under the developed market economic environment of the modern society,shares may be the most important and main properties for a citizen. Therefore,the law shall not restrict the share inheritance.The inheritance of the share in limited liability company is confirms by the ligislation practice in the foreign countries. Some countries made detailed stipulations on the share transferring due to inheritance. It stipulates the shareholder objection on share inheritance is not regarded as the reason of depriving share rights in the majority countries.With the developing of the private companies in our country,the limited liability companies which are invested by nature persons becomes more and more ,and the share transferring issue due to inheritance has become a legal issue at present,and the disputes are created continually.The new company law of P.R.China responds this issue and made the relevant stipulation under Article 76,which is"the legal inheritor is entitled to inherit the qualification of the shareholder after the nature person shareholder died unless the Article of Associations of the company provides otherwise."Hence ,the issue of the share inheritance does not only belong to the civil law,but also belong to business law.This paper would discuss this issue from the aspects on the legal basis of the share inheritance and two characteristics of the limited liability company as well as the Article 76 under the Company Law of P.R.China ,and present some views on how to deal with the some problems on share transferring after the shareholder died in the trial practice .