On Shareholders' Equity Retirement Legal System In Limited Liability Co.

Limited liability company's shareholders equity refers to the shareholders of the interests will have a major impact on the resolution; the resolution indicates that the shareholders of objection, the request of the company to enjoy a fair and reasonable price to buy the shares they hold,thus the right to withdraw from the company. Retirement system for the protection of small and medium-sized to stake in the investment of shareholders, and enhance confidence in their investments, and promote the healthy development of capital market and plays an important role. Thus the system in the company's system is a very important position. China's new"Companies Act"firstly confirmed the withdrawal of shareholders equity, but the requirement is very rough, the lack of maneuverability in practice. Based on this, it's necessary to put forward a limited liability company's shareholders equity retirement system of this proposition into research, by denunciation of the concept of equity as defined in the system, explain the meaning of its analysis of the various system elements, and foreign company law theory and the success of legislative experience, from all angles of our limited liability company to improve shareholder equity system of the legislative proposals. First, the application of the conditions of retirement options should be listed and summarized using a combination of mixed-type manner, because in this way is to ensure the easy to operate, but also has a certain degree of flexibility. At the same time, the application of the conditions should be limited to prevent damage to the company and the rights of other shareholders. Secondly, the specific exercise of equity withdrawal, in order to enable the program operational, this should be an additional obligation of the company, stock delivery and the price paid the equity price to determine the mechanism of the legislature. Taking into account the interests of creditors, relevant legislation should be also established so as to protect interests of the creditors. Finally, with regard to withdraw the legal remedies to achieve equity, should be different depending on the situation in terms negates. because the company refused to delay the withdrawal, the law should be allowed to the shareholders of damage amends against it; and the shareholders on the share price has not been such agreement with the company, in addition to improving the judicial relief, but also the arbitration can be used in this species of more economical and efficient way of relief.