Theory Forced Equity Transfer System Perfect

In the company’s operation process, often appear to another question, that is, the company deadlock. It will make the company cannot run normally, even paralysed, and damage the interests of shareholders. In order to protect the interests of the shareholders, must from the legal provisions on resolving the company the stalemate, at least let shareholders can timely exit, and not continue to damage. China’s current "company law", in view of the company deadlock, only stipulate a relief method, namely the judicial dissolution. The remedies extreme and high cost, can cause very serious waste of resources, so to seek a more efficient means of relief. Equity compulsory transfer is such a kind of efficient method, from the theory and practice are existence rationality, and was widely used overseas. This paper aims at forced equity transfer system as the research object, draw lessons from domestic and international a series of mature legal results, expect to be able to solve the corporate deadlock provide a feasible ideas.The company deadlock in limited liability companies and joint stock limited companies have to happen, but in comparison, limited liability company are more likely to happen in the company deadlock. Co., LTD., due to the openness of the company, the shareholders once think their own interests are infringed upon, can sell stock, often called "by foot to vote". But the shareholders of a limited liability company to transfer capital contribution must obtain the consent of the other shareholders, under the same conditions, the other shareholders also enjoy preferential buy right. To maintain the company’s closure, many companies even in the form of contract is forbidden to external personnel transfer capital contribution. Therefore, a limited liability company, the deadlock problem is this paper research framework.