Research On The System Of Externally Transferring Equity Of Limited Liability Company

This thesis targets on the Article72restrictions on the share transfer system of the limited liability company in "the Company Law "around the consent system and pre-emptive system and improves it from both practical and theoretical points of view. This thesis is divided into three chapters. Chapter Ⅰ presents an overview of share right, share transfer. Understanding the nature of the share transfer system is the logical starting point to comprehend the design of the share transfer system. The connation of the share transfer can help to define the scope of restrictions on the share transfer system. However, the patterns of share transfer is not valued by our academia for a long time, which leads to a confusion in practice. In fact, the patterns of share transfer is very important to design the share transfer system. The author tries to state each concept and give his own opinions. Chapter Ⅱ focus es on the consent regime. This chapter analyses every aspect of the system combining with the extraterritorial legislation of consent from both practical and theoretical points of view. In order to make vague provisions of the relevant legislation of China become clear and identified. Chapter Ⅲ is written about the Pre-emptive Rights Regime. This chapter mainly discuss the difficult problems encountered in the course of enforcement of the pre-emptive rights, and presents somes opinions and countermeasures. Finally, this chapter also discusses some issues in the auction and bidding of share transfer.