Study On The Inheritance To Shareholder Qualification Of Limited Liability Company

This paper studies the inheritance to shareholder qualification of the Limited Liability Company; and the paper uses the research method which is from theory to practice, from abstract to specific to gradually deepen. Based on the exploration of theories and the legislation review overseas, the paper exercises an interpretation for the current legislation centering on our new Company Law, seeking for perfect countermeasures in view of the insufficiencies of legislation on the inheritance to shareholder qualification of Limited Liability Company, In order to benefit related legislation and jurisdiction of our country.The text is divided into three chapters apart from preface and conclusion.The first chapter is the outline to the inheritance to shareholder qualification of Limited Liability Company. The paper starts by basic theory introduction to shareholder qualification. And through comparative study in theoretical viewpoints and legislative practice of inheritance to shareholder qualification, the author proposes that shareholder qualification is not property. Thus, shareholder qualification cannot be inherited. The author puts forward the rationality of the inheritance to investment.The second chapter studies on inheritance to shareholder qualification of Limited Liability Company in our country. The paper made an introduction to the legislation about shareholder qualification inherited of Limited Liability Company in our country, including: inheritance law and company law. Then based on the above introduction, the author made an analysis of item 76 of company law(2005) by jurisprudential and practical perspective, and concluded that there are still insufficiencies needing perfect of our company law, so as to benefit the improvement of our legislation.The third chapter tries to perfect our legislation on shareholder inheritance, in view of the insufficiencies that has been proposed in the former chapter. The paper puts forward that investment inheritance taking the place of inheritance to shareholder qualification and constructing the procedure. In this chapter, many practical issues have been studied in order to provide some diversification option of succession of shareholder qualification.