Sudy On Transfer Of Stock Right Of The Close Corporation

With the social and economic development, the company has been gradually opening up foreign investment, share acquisition become the main form of the foreign investment. Excellent integration of enterprise resources, out of bad assets to some certain extent, the economic development, and social progress, at the same time investors have access to greater benefits and development, and dynamic market economy. In this process, the based on the existing legal basis, research on the limited liability company of share transfer system, and integration into investment companies of development strategies, adapt to the realities of domestic, achieve the maintenance of economic stability, maintain legitimate rights and interests of investors.This practice mainly through contact with the case in the work and the theoretical analysis of the case to start discussion and reference to related research, to the limited liability company's share transfer of meaning, and the limited liability company's internal and external analysis of the purpose of share transfer, and list of dormant investment, investment not really share transfer, options transfer and so on, these are occurring typical case in practice. and to conduct its assessment make suggestions or questions.More concretely, this text is divided into three chapters, the main contents are as follows:Chapter one, mainly introduce limited liability company share transfer from the origin to start, and export persons jointly with the main theoretical basis, further establish the significance and function of share transfer, at the same time limited liability company share transfer basis analysising, to help understand the intrinsic link between shareholders of limited liability company.Chapter two through the practice cases raises related issues, were described dormant investment in share transfer, options transfer and investment false equities of the transfer exists questions, and the corresponding analysis by the theory, and put forward to solve the problem point of view.China's new Company Law to determine the dormant investment, but the practice is more complex, the paper mainly through some practice cases and legal theory to legal analysis, in order to can be even greater legal protection in the involved parties. To option's concept is more obvious in today's economic activity investment behavior, in China it only exists in the financial-related legal provisions on the part of regulate, with economic development, more and more options to be applied to the level of in Company Law, pay attention to use of options and protection of the transfer options will follow the economic development needs. Equity investors do not really transfer is also more common in practice, it involves not only benefit of shareholders but also balance of interests between the shareholders and the new shareholders. The author hope that the limited liability company's share transfer will under the protection of the law, prevent irregularities, and the law does not stipulate how the conflicts between the shareholders find the relevant solution.Chapter three discusses the special share transfer in the presence of legal issues. Mainly through the examples in the share transfer rights and obligations of shareholders and on the procedural law the special share transfer of several existing issues surveyed and analyzed.