Study Of The Internal Equity Of The Limited Liability Company Is Indeed The Right Standard

Identification of the shareholders in limited liability companies is one of the hottest issues in company law,both in the legislation system and academic research areas.The legal relationship analysis method is one of the important analytics of civil and commercial law.This thesis made an intensive study from theories,legislations,practices and other aspects to form an elementary academic and institutional system of the identification of shareholders in limited liability companies.And under the frames of legal action and factual behavior,this thesis concluded the principles and rules which are applied to identify the shareholders' qualification in the process of equity alteration.This thesis consists of three parts:preface,main contents and conclusion.The preface mainly put forwards the background of this thesis to give an explanation for the studies below.Chapterâ… is the interpretation of the 33^rd article of company law. Based on the illustration above,this chapter gave the conclusion that the registry of shareholders can not be the only criterion of identification of the shareholders between the company and the shareholders.Chapterâ…¡is devoted to analyze the equities legal relationship theory. Private law autonomy should be the principle of identification of the shareholders inside the company.Chapterâ…¢is the construction of rules of shareholders' qualification under the frame of legal action.The equity transfer is the main focus of the analysis.The intention of the company exists during the process of equity transfer,the registry of shareholders,the articles of association and the capital contribution certificate are its manifestations.Chapterâ…£focuses on the legislations and theories of the equity transfer which is not based on the legal action.Especially expounds the identification shareholders' qualification in the situations of heritage and courts' compulsory enforcement.The shareholders will acquire their equities upon the accomplishment of the factual behavior.The last part is the conclusion which sums up the whole argument and generalized the central topic of this thesis.