Research On The System Of Shareholder's Withdrawal Right Of The Limited Liability Company

The shareholder's withdrawal right of the limited liability company, refers to the shareholder,according to legal or appointed reason,takes back the share value,thus loses his position and withdraws from the company. For balancing the benefit between major shareholder and small shareholder, the shareholder's withdrawal right of the limited liability company springs from resolving problem that small shareholder subjected,the purpose is to prevent the "closing" and "majority rule principle" of the limited liability company that can bring damage for the legal benefit of small shareholder. At the same time,if the shareholder couldn't take part in the company because of his disease,or death,etc,the withdrawal right provides the way. It conforms to the social practice,and it is beneficial to the farsighted development of the company.In 2005,our country's "Law of corporation", conforming to the legislative need of the times,stipulates the system of shareholder's withdrawal right of the limited liability company.However, compared to the actual circumstances,the shareholder's withdrawal rights are still restricted in a small scope,lacking feasibility.Therefore,it is necessary to perfect the system of shareholder's withdrawal right of the limited liability company further.Through the studying of the theoretical base of the system of shareholder's withdrawal right,the paper researches and analyzes other country's corporation practice and justice of withdrawal right,defines the meaning of the withdrawal right of shareholder of the limited liability company,generalizes the main law characteristic of the shareholder's withdrawal right,and compares it with the related concept.In investigating the foundation of our country,the writer inquiries into necessity of perfecting the system of shareholder's withdrawal right of the limited liability company,and puts forward the specific suggestion for the system of shareholder's withdrawal right of the limited liability company,and hopes this can provide some beneficial references.In addition to preface and conclusion,this paper constitutes of four parts.The first part introduced that the basic problem of the system of shareholder's withdrawal right of the limited liability company.The second part,the theoretical foundation and practical value of the system of shareholder's withdrawal right of the limited liability company.The third part is the necessity to perfect our country's system of shareholder's withdrawal right of the limited liability company.The fourth part is to legal construction of the system of shareholder's withdrawal right of the limited liability company.