The Research Of The Legal Issues In Limited Liabilitycompany Shares Trust

Shares Trust, in short, is a trust that the equity as the trust property. Shares Trust originated from the United States, the original form of it is Voting Trust. Unlike the common Law system, there is no similar trust system in Civil Law countries. Because of the unique advantages in corporate governance, trust has gradually accepted by the civil law countries. But trust as exotic in some of the basic concept is still at odds with the traditional theory of the civil law. China’s Trust Law has been implemented since the year of2002, but the provisions on shares trusts still need to improve.“The third judicial interpretation of the Company Law” provides the way out for the application of the shares trust.The paper is divided into Introduction, body, conclusion of three parts, the body divided into four chapters.The first chapter, Trust and Trust Property, introduces the history of the Trust system and the properties of the trust property. Because of the Trust Law" is not clear enough definition of the trust concept, leading theorists and practitioners of the confusion. First chapter divide into two sections. Section I, the history and concept of the Trust; Section II to analyze the concept of the trust property. The second chapter, Shares Trust, introduces the nature of the equity and analysis the basic concept of the property of the shares trust. Through Discrimination equity beneficial interest trusts, equity voting trust, equity trust, we will find that the trust property of the shares trust can only be the entire equity interest, not the equity beneficial interest or the right to vote.The third chapter，Shares Trust in China‐implicit in the governance of limited liability company holding. First introduced silent holding phenomenon, By analyzing the provisions from25to27of The third judicial interpretation of the Company Law, we will find that Trust can be used to solve the legal issues of the undisclosed shareholding. The fourth chapter, shares Trust Perfection. Make some suggestions to improve the equity trust system. Mainly analysis the contractual nature of the shares trusts、 and the legal effect of the Shares Trust. This is the key point related to weather the Shares Trust can be established or not, and some help on the improvement of the Trust Law，and I wish I can help the improvement of the Trust Law.