Analysis Of The Stock Transfer Validity Of The Close Corporation

The transfer of stock rights is often seen in the process of capital flow. It is beneficial to raise money,transfer and recompose property and optimize the resource allocation. Share transfer is done freely in principle with restriction as exception. Much restriction on share transfer is due to the characteristic of personal nature of limited liability company. The thesis is based on a case, which is formulated in a view of validity of transfer contract and effectiveness of share transfer. Stock ownership is the core problem in the operation of companies and share transfer happens a lot. Transfer contract is largely the cause of share transfer between parties and it must be concluded in accordance with Contract Law. The intention of share transfer requires parties to perform the contract loyally. In theory and practice the views can't be unanimous towards the recognition of shareholder'post.The structure is presented as follows:Part One introduces the case and controversial focus. Then put forward the issue of the thesis after analyzing the case and focus.Part Two articulates the legal validity of share transfer. Introducion to two types of stock transfer; special share transfer; substantial and proceeding conditions for the validity of stock ownership transfer.Part Three is about the relationship between share transfer and validity of stock ownership transfer. There are a couple of criteria about the recognition of shareholders'post. The difference between share transfer and validity of stock ownership transfer is interpreted by using the case. The transfer is weighed by performing the valid contract. It has nothing to do with registration.Part Four discusses the carry-out of share transfer contract in the action. The court found the defendant tool the responsibility of breach of stock transfer contact. However, to perform registration is not the defendant's duty, so the trial by the court is false.