Research On The System Of Stock Repurchase Of The Limited Liability Company

The various forms of Limited Liability Company were initiated in Germany and spread out rapidly around the world. It flourished in china as a primary shape of corporation as a result of the adaptation to the national situation of China. The Limited Liability Company, though, confronted such great challenges and difficulties during the evolution of it as shareholder suppression and corporation at a deadlock. Therefore, the minority stockholders whose interests suffer damage will retreat from the corporation. The form of the shareholders equity repurchase the company is one of the ways out of the limited liability company. The approach in the country which the company law has been confirmed by the legislative has developed in the world. China in October 2005 passed the newly revised "Company law" also stipulates that where a limited liability company issues related to repurchase shares, it is great significance to protect the rights of our shareholders. At the same time we should also see, compared to the maturity country in this area we still have many shortcomings to overcome, so research the limited company's stock buy-back system has become a very significant issue.This paper is divided into four chapters:Chapter One:The theoretical analysis of the limited liability company share buy-back system. In this chapter, authors first share buy-back system to the necessary overview of the limited liability company from concept, characteristics etc.Then from a legal theory of the limited liability company to analysis of the buy-back system. Followed describes the reasons of a limited liability company share buy-back system. Finally we pointed this system of the possible occurrence of a significant impact on our limited liability company.Chapter two:Foreign limited liability company stock buy-back system of legislation. In this chapter, the author has discussed with representatives of the United States and the United kingdom common law countries. The detailed provisions of Germany and South Korea's civil law countries represented in the limited liability company stock buy-back system, and in the final analysis and summary of their similarities and difference, so as to compare below in the "Company Law" in a limited liability company stock buy-back system requirements, so analysis of the status quo in this area and lay the foreshadowing problems.Chapter three:Our country's current stock repurchase limited liability company status and problem of the system. It should be said that this part is more important in this article section. The author first described in 2005, China revised the "Company Law" which shares a limited liability company under buy-back system of great significance. Then specifically describes China's current stock repurchase limited liability company to exercise the conditions and procedures. Finally comparison of developed country situation, that our country's currently limited company's stock buy-back system problems.Chapter Four:Optimizing and constructing the system of stock right repos of limited liability company. It is the last segment as the main point and elevation of the whole thesis. The author firstly summarized the principles abided by limited liability company in optimizing and constructing the stock right repos, then propose a few concrete measures:enjoy the retired shareholder of the scope should be expanded, the scope of repurchase shares also should be expanded, the repurchase price of the shares should be defined, it should be define the specific procedures provided stock repurchase, the shareholders should be limitations on the case of divestment, the situation of failure should also be required to repurchase shares and so on, we wish to improve and build our limited liability company's stock repurchase regime.