Study On The Reasons For The Removal Of Shareholders

Limited liability company in information integration on the basis of a limited liability company more add some "people close color". In the process of the common shareholders in the corporate governance, a personal "inappropriate" behavior of individual shareholders or some objective events in the body, it is easy to cause dissatisfaction with the other shareholders, revolting, even can’t continue to tolerate, causing the dilemma of shareholders. If the shareholders "unpopular" removed from the company, you can under the maintain the interests of the company continue to survive, the adverse effects on the company and other shareholders of the shareholders’ personal factors ", together with the forced out of the company, the shareholders to " perfect "is a kind of ideal, the risk is too big. In the paper,For the limited liability company "fix" or sex. Shareholders from the team is removed from the legislative value of carrier, is also a shareholder removed from the manifestation of the legislative purpose. Therefore, to play to the shareholders from the team to deal with the problem of "dilemma" of shareholders the best effect, without making more refinement rules to dismissal reason. But, looking for shareholders in our country at present from the team for the rule of law, found that there are many shortcomings. Therefore, the author from the company practice and system on the basis of supply, strive for for improvement of the system of shareholders from the team for provide some feasible references.In this paper, besides introduction and conclusion, is divided into three parts.The first part mainly discusses the realistic necessity of shareholder expulsion system in corporate governance. First of all, based on several related shareholder expulsion theory analyzed one by one, demonstrates the shareholders in China is summed up in the dilemma of "shareholder" from practice, the rationality of the applicable situation in the company. Secondly, this paper analyzes the reasons of the formation of the dilemma of "shareholder", provides the solution of the dilemma of "shareholder" feasible path. Finally, around several laws to solve the dilemma of "shareholder" path, wipes out shareholders and other solution comparison, the author thinks that the shareholders from the team is to solve the problem of "dilemma" of shareholders a good choice.The second part is the review of the shareholders from the team’s for the shortage of the existing rules. Main show is unknown standard, narrow the scope of two aspects. First of all, on the shareholders from the team for standard, there is no law to make detailed provisions, the right to exercise the body, were removed from a subjective requirements, behavior whether to ask sustainability and whether objective aspects, such as damage to the company and other shareholders, whether to need to follow more gentle relief way, "" end other preconditions of application of practice in the company and are not formed in the academic circles discuss is consistent, still needs further research. Secondly, on the scope of shareholders from reason, there is a "statutory basis" has not been formally established, "agreed for" also is not authorized and has been the reason for regulation is not reasonable and easy to avoid problems, these problems also need to be further clarified.Third part combined with the practice and system two aspects of thinking, from the formal establishment dismissal for standard and scientific definition scope two aspects put forward Suggestions to the improvement of the system of shareholders from reason. First of all, from the team for standard aspects: main body, establish "other shareholders" for dismissal for enabling the subject; Subjectively, "subjective fault has not asked to be removed from shareholders". Objectively, require only can be attributed to the behavior of the shareholders’ personal reasons or events exist, does not require the continuity characteristics, only need to satisfy shareholders’ behavior or happen to shareholders of objective events "major reason", while not required for the company or other shareholders caused the threat of material injury or damage; Apply on the precondition, follow the "proportionality" rather than "end other relatively moderate relief way". Second, from the scope of: adhere to the specified in the statutory basis and reason, other reason classification are put forward on the basis of the concrete reason to establish the necessity and legislative Suggestions.