Limited Liability Company The Freedom Of Shareholders' Equity Transfer And Limitations

Restriction of Limited Liability Corporation is an important part of Corporation Law. The corporate law is deemed as the public civil law.its specific makes the company system select between state coercion and private autonomy.The freely transferring of shares indicates the freedom principle,the characteristic of people dominating decides that the equity transferring will be restricted by state coercion when shareholders are inclined to transfer outside. What principle is adopted ,it become company and its participants most concern . Show Attention to the issue of freedom and restrictions of the Limited Liability Corporation, it means a lot to protect little shareholders'benefit and make company develop firmly.This paper writes from a few of relative conceptions,some regulations.and do some basic studies of it, The essay defines the circumstances or the possibilities to use the freedom one and the restrict one.In addition,it discriminates the specialism.The paper consists of three parts:The first part is a general idea of the whole article,it can be divided into five parts: the conception,classify,subject,formal action and properties. This is the basic theory for the whole article.The second part is mainly about the free and restriction of the Equity transferring. During the former one,it elaborates the free of shareholders among the corporation; on the contrary,it indicates restriction of transferring outside.In addition,it also describes constitutions determined by the shareholders and constitutions determined by some special arrange.The third part,which is also the last part,manifesting several non-contract transferring: Inheriting,divorce,transfer of enforcement and so on.The boundaries between the freedom and restrictions are very important. Excessive restriction will cause the invalid, Unable to embody the principle of private autonomy; too much freedom will also damage the combination of the corporation.Therefore,we have to find out a balance between the people's combination and the principle of private autonomy,to help making full use of the resources and realize the biggest interest.