Research On Difficult Problems Of Share Transfer Effect In Limited Company

The modern company, as microeconomic foundation and basic carrier of market--oriented economy, for it is organized by the shareholder with their investment, it makes the property division between the shareholder and the company, the independence between the shareholder personality and company attribution. Equity of parametric and the ownership of company are supplementing each other, which means equity of parametric and ownership of company makes each other. The ownership of the company requires parametric equity. Therefore, the shareholder can transfer his equity freely without other shareholders' any interference according to the specific circumstances of his own, which is so-called equity transfer principle of freedom. However, because the company has no open external market equity transfer deal, the company regulations of the relevant legal independence are ban to recover shareholders'investment, and at meantime, the company is forbidden to buy back shares, so if the shareholder of a limited liability company wants to exit the company, he can only find the assignee to buy his shares. The limited liability company has an attribution mixed interpersonal relationship with corporation capital relationship. Interdependence and mutual trust are the important factors of interpersonal relationship. Only in this way, can the management of the company is under a normal and orderly operation; And the corporation capital relationship of the company ask for shareholders not be to transfer their equity freely, which can maintain the company's capital and stability. And With the rapid economic development of society, the company in realistic society is more and more important, the role of various aspects of society have the more and more major influence, and as the core content of the equity to pay attention to and be more people. Equity as influence company of modern society, and an important factors appear to be highly the commercialization of modern society, it is an extremely important commodity circulation and capital operation mode, equity transfer behavior has aroused people's attention and consideration. Limited liability company shares transfer system is the most outstanding reflect limited liability company people match sex and sexual characteristics and part of the capital. Therefore, the shareholders' stock ownership transfer, is not only related to the transferee, the relationship between the two parties, with the other company shareholder relationship, and the company and the company of the legal relationships between the third person.Therefore, the shareholders' stock ownership transfer, is not only related to the transferee, the relationship between the two parties, with the other company shareholder relationship, and the company and the company of the legal relationships between the third person. At the same time, will produce certain with ownership transfer of dispute. And ownership transfer of limited liability company is to deal with and coordinate these complex legal relationship. Perfect equity transfer system of a limited liability company or even the economic development of China will produce a positive effect.The system of stock right transfer is an important part of Limited liability company, and is also an increasingly common economic activity of the modern company. The current company law made on the company's shares transfer, especially on ownership transfer of limited liability company, the corresponding regulations, formulate some operational stronger terms and rules, but in the practical operation there are still some problems in practice, and the vulnerability of shareholders of a limited liability company involved in the dispute cases equity transfer is also more and more, and in many ways, therefore, debate to the judicial practice brings about many inconvenience. This paper mainly research the following problems: (1) the effectiveness in violation of the equity transfer of the company's articles of association; (2) the effectiveness in violation of the equity transfer of the obligation of capital contribution; (3) the effectiveness in violation of the equity transfer of the pre-emptive right; (4) the effectiveness of the ownership transfer program of the validity of the flaws. The author choose four typical cases as the main line, using comparative method of analysis, from the point of view of the practice to explor the few typical effectiveness problem of the shares transfer behavior of limited liability company, and put forward her own opinion of the solution in view of the central issue.