The Study On The Effectiveness Of The Share Transfer In The Limited Liability Company

Company law stipulated the Articles of Association on the share transferring of Limited liability company, thus excluding the articles applied in company laws and reflects the charter of autonomy principle. Company regulations about share transferring should abide by limited autonomy principle of the Articles of Association, shareholder autonomy principle of complementarity, the principle of equality of shareholders and shareholders’ rights and interests. Company stipulations limit the articles of share transferring objects, perform the articles of right of Consent and Right of first refusal, should give proper identification of the price rules of share transferring and the effectiveness of obliged share transferring, as well as should strictly identify the effectiveness of voluntarily transacting share transferring according to the company regulations, whose restrictions on the devising way of transferring terms have important influence on the effectiveness. The company stipulations about share transferring should encourage the shareholders to resolve through consultations within the company, respect company autonomy in formulating articles of association, prevent the largest shareholder abuse of the status of capital controls, promote the application of law on the reasonable solution of corporation deadlock, and facilitate the coordinated development of shareholders and interests of the company.