Research On Some Issues Concerning Limited Liability Company For Equity Transfer

Limited liability company has the superiorities such as small number of working staff, small scale and shareholder's undertaking of the limited liability, etc. and is one of the major types of company in our country as well as the type owning the largest number of companies worldwide. Meanwhile, limited liability company itself is characterized by a significant property having both property joint and person cooperation, on one hand, property joint requires that the company must maintain the company's capital and its stability, and the shareholder can not transfer stock right at random; and on the other hand, person cooperation requires that there must be enough trust and cooperation among shareholders which will guarantee the fluent and successful going on of the company's operation. Therefore, taking limited liability company into consideration, the rule of freedom for equity transfer must be restricted to some extent, which is also one of the characteristics distinguishing a limited liability company from other companies.Corresponding regulations on equity transfer of a company and especially on equity transfer of a limited liability company are made in the current Company Law of our country, and some clauses and rules with a strong operability are also drawn up, but in practice, there are still many cases concerning the disputes related to the transfer of rights of shareholder of limited liability company appearing gradually. It is a test on scientificity, rationality and operability of the legal system of equity transfer in our country, and although the level of legislation on this aspect is advancing and improving, there are still lots of defects existing. As a result, the author puts forward some individual opinions and suggestions through writing this thesis.With respect to the pervasive problems existing in the legal practice concerning equity transfer of limited liability company, in combination with the theoretical basis of equity transfer, with reference to the legislative patterns of other countries and areas, directing at the obstructions to be possibly confronted with by equity transfer in different conditions and the concrete procedural steps to be involved in the process of equity transfer, the thesis is supplied to make a try on the analysis of legal issues concerning the equity transfer of limited liability company and enhancing the realistic operability of the theory related to equity transfer of limited liability company and the necessity of limiting transfer, etc. On the arrangement of structure, it is mainly based on the basic theory of equity transfer, and some opinions and proposals are put forward for issues such as the internal transfer-to-transfer of stock right, the excellent purchasing right in equity transfer, the defective equity transfer and the inheritance of stock right, etc.