A Legal Study On The Effect Of Equity Transfer Agreement Of Limited Liability Company

About400years ago companies began to appear. With the continuous development of limited liability and joint-stock company, the equity has become an increasingly popular form of investment, becoming one of the main manifestations of social wealth. Equity transfer does not affect the normal operation of the company, promoting the circulation of wealth of society. Therefore, equity transfers have also become a widespread social phenomenon. However, the equity transfer dispute is growing. Although there are the relevant provisions of China’s company law on equity transfer, these provisions also have imperfections, leaving a legal void. Endless disputes inevitably highlights the law lagged. Because there is no clear and consistent criteria, resulting in similar cases before different courts in different, or even diametrically opposed decisions, which seriously undermines the unity and authority of the judiciary and is not conducive to the healthy development of the company.Equity transfer dispute in general can be divided into two categories:one is the effectiveness of equity transfer agreement; the second is time when the equity transfers come into force. This paper focuses on the effectiveness of the equity transfer agreement of limited liability Company, which involve the full and proper implementation of the agreement after the entry into force of the agreement; implementation refers to the delivery of the shares of the equity transfer agreement. There is still a lot of controversy in academia and practice about the effectiveness of equity transfer agreement, particularly under special circumstances. Therefore, the study on the effectiveness of the limited liability company agreement of assignment of equity issues is still has a very important theoretical and practical significance.At first I study the general theory on the effectiveness of equity transfer agreements, and then study the effectiveness of equity transfer agreement under special circumstances, including following several aspects:(1) the effectiveness of equity transfer agreement when there is a anonymous investor;(2)the effectiveness of equity transfer agreement if the involved equity is defective;(3) the effectiveness of equity transfer agreement against other shareholders priority purchase right (4) the effectiveness of equity transfer agreement if it violates the article of association.