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Perfection Of System On Transferring Possession Of Shares In Limited Responsibility Company

Posted on:2012-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiuFull Text:PDF
GTID:2216330362957589Subject:Law
Abstract/Summary:PDF Full Text Request
The characteristics of small, less shareholders and low registered capital in Limited liability company favored by the majority of investors. The limited liability company occupied a large proportion of the company around the world, and the indispensable part in a modern economy. The characteristic of capital and people trust in Limited liability company decided transfer possession of stock rights no so free as stock liability company, and must make proper restrictive provisions. How to coordinate the free transfer and restricts in the transfer possession of stock rights? The article talk about shares transferred to external and internal transfer and limit transferring possession of stock rights by company the articles by balancing interests between transfer shareholders and other shareholders or the company and importantly talk about the term 72 in company law. The writer puts forward some of the limited liability company about transferring possession of stock rights on the foundation of analysis legislation about transferring possession on overseas. There are five chapters in the article:The main content of the first chapter discuss and evaluate the theories of the nature of stock rights, and expounds the rationality of independent views for civil rights. Meanwhile, this chapter discusses the balance between freedom and restriction from the characteristic of capital and people trust in limited liability company.The second chapter basically introduces legislation practice of transferring possession of stock rights in the other countries and regions in the world.The third chapter analyzes to the system of transferring possession of stock rights about limited liability company in our country. First expounds the limit in internal transfer, and think internal transfer can draw lessons from regulations of externa1 transfer. our company law may formulate limit rules of some advocacy. Secondly, introduces the system of the right to agree and preemption buy in externa1 transfer. Thirdly, discussed effect appraisal of the company articles limited transfer .As long as the company charter does not prohibit transfer, the rules of limited transfer is effective.The fourth chapter, the paper summarizes of the legislative defects in the stock transfer of limited liability company.The fifth chapter puts forward some legislative suggestions to perfect shares transfer system in our country's limited liability company through analysis the above basic theory of share transfer and summarize of legislative defects on the basis of referenced legislative practice of all countries or regions...
Keywords/Search Tags:Transfer possession of share, Preemptive right, Agree right, Articles of incorporation
PDF Full Text Request
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