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The Validity Of The Theory Of Limited Liability Company In The Equity Transfer Registration

Posted on:2012-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:M QianFull Text:PDF
GTID:2246330395964436Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In a market economy active today, the company is increasing, and disputes over the equity transfer dispute case and accounted for a significant part of the case. Equity transfer registration system is the equity transfer dispute the content is more controversial. In theory about the registration of a limited liability company is the influence of stock-rights transfer effect, the pundits twittering, no form a unified cognition. And the judicial practice, the court registration on equity transfer effect of the disputes but no definite practical and feasible law as basis, so that the court will make a different judge. The theory perfect and judicial authority and unity is unfavorable. The author is in reference on the basis of study of the theory, analyzes the advantages and disadvantages and the source and registration from registration law value for the thorough analysis, form their own view and views. Concretely equity transfer shareholders alteration registration in the effectiveness is against the firm; Industry and commerce registration effectiveness is act against a third party.This paper discusses limited liability company registered in the effectiveness of stock-rights transfer to score, this paper discusses the general form into preface and text. This article mainly adopted empirical analysis and value analysis method, the main content is divided into four chapters:The first chapter, from the overall briefly limited liability company shares transfer registration of basic theories. First introduced the equity, equity transfer and equity transfer in the concept, the introduction of this article mainly discusses the ownership transfer of the registration. Then from shareholders and the industry and commerce registration of change in two aspects of the equity transfer registration do a generalization.The second chapter, from the first chapter in the general outline is expounded in the equity transfer shareholders’alteration registration validity. Three bar to discuss:first, ask questions, shareholders change is made to still only a shareholders’ rights of shareholders’ rights to confirm. Secondly, problem analysis and theoretical analysis from the source to shareholders, discusses the alteration registration origin and purpose. Finally, problem solving, analyzed the equity transfer contracts and equity transfer effect of the foundation, the union for the second quarter traces and deepen the theories of the origin, draw the conclusion, namely equity transfer shareholders alteration registration in against the firm effectiveness is.The third chapter, also from the first chapter points stated, is expounded in industry and commerce registration of change ownership transfer the effect. The three sections:first, to this legal and judicial problems in the practice to introduce:without commerce register equity transfer could take effect? And the judicial referee respectively from two aspects to question to old and new law of corporation’s contrast to weigh the pros and cons of relevant legislation. Second, to the conflict and the judicial referee theory of different do a review to value analysis method to explain in industry and commerce registration stock-rights transfer the effect. Finally, draw the conclusion, the company shares transfer of the validity of the industry and commerce registration is act against a third party.The last chapter, in our company law review. In the first three chapters based up this review in our company law. Separately from the court’s judgment and judicial interpretation to the company law of our country about the validity of the equity transfer registered in a more profound cognition.
Keywords/Search Tags:Equity transfer, The alteration registration, Shareholders registration, Industry and commerce registration
PDF Full Text Request
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