Research On Legal Issues Regarding Equity Transfer Of Limited Liability Companies

Company is an important part of modern society, modern society is an important force in promoting the development of society. With the development of our national economy, our country's company law has experienced from scratch, from simple to complex development process. But in recent years, with the rapid development of socialist market economy and legislation technical limitations, in the practice of company law in many legal issues emerge, which involves complicated legal relationship is the transfer of ownership disputes, particularly in the limited liability company more outstanding performance.October 27,2005,NPC Standing Committee adopted the revised" law of the people's Republic of China company law". Although the revised Company Law, before the revision of the company law and compared, on the transfer of shares of limited liability company system to make a more detailed provisions, but also easy to operate. However, there are still some unsatisfactory, need to improve. In view of this, this article intends to share transfer in the limited liability company appeared in a number of controversial issues are analyzed and discussed, and the perfection of company law and puts forward some personal views.Besides the preface and the conclusion,this paper is divided into two parts, a total of five chapters:First part, as the first chapter. The main content is the text that appears in the basic concepts and a system to make specific statements, including equity, equity transfer, such as limited company.second parts, divided into four chapters, respectively on the social reality during the operation of the company limited by shares, share transfer in several controversial issues to make systems analysis and sorting, and to our country legislation perfect put forward some own opinions. Including:Second chapter is dormant shareholder's issue of dormant shareholders, the nature, causes, effects of company system. Raised in the legal practice of dormant shareholders problem treatment principle.Third chapter on the roster of the shareholders and the industrial and commercial registration may be associated with the actual situation of different problems. Analysis of the register of shareholders and the nature of industry and commerce registration, the legal effect and so on, put forward in legal practice in the roster of the shareholders and the industrial and commercial registration may be associated with the actual situation of different treatment principle.Four chapter is defective share issue, analysis the flaws equity definitions, the flaws capital contribution flaw shareholder qualifications defined, flaws in the transfer of shares, the validity of the contract, liability of defective capital contribution of shoulder problems.Five chapter, auction process in the shareholder priority issues analysis, comparison of the auction system and the system of shareholder's preemption value difference between protection, research, and compares several kinds of legislative mode,and on our country should use what kind of method to put forward a few opinions.