Inheritance Of A Limited Liability Company Shareholding

This paper is divided into four parts:1,Limited liability company resolved the nature of equity,2,Theoretical analysis of inherited shares,3,National legislation and relevant provisions of China's current,4,China's current system of inheritance and equity should pay attention to future legislation. In the first part, in accordance with generally accepted domestic current classification, the nature of equity ownership that is divided into shares, equity claims that members share the right to say that an independent civil rights, Each theory has its own theoretical basis and historical evolution, but the first three theories have their own shortcomings, I agree that more independent civil rights, said that the doctrine is not forced to be classified as traditional equity right type, Instead, a separate faction, as a new equity rights, has its own characteristics, is a comprehensive rights. The second part, from demonstrated both the nature of equity that can be inherited. First, whether to transfer of equity, equity is the essence of the identity attributes of a property, so the essence is still property, following the transfer of property made by the Department of the inherent characteristics of property rights. Second, will inherit the equity against the limited liability company co-author of the feature. Share-based nature allows and limited liability company of the shares can be inherited; based limited liability company co-author of the company's share of inheritance by the other shareholders agree. Thus, equity can be inherited, but was subject to certain constraints, this constraint is the company's articles of association, but the Act provides: "Unless the articles of association expressly provided shall not inherit the equity, equity can be inherited," that is, agree to exclude the application of the principle. The third part, examples of a number of domestic and foreign equity inheritance magistrate on the relevant provisions, including Germany and France, with some reference value is provided. Part IV, to clarify the idea of inheritance shares, pointing out that the current equity inheritance norms should be improvement, with its judicial practice for the future and provide a theoretical reference.