Research On Judicial Application Problems In Provisions About Share Transfer Of Limited Liability Company

Because of the dual nature-the people combination and capital combination natures, and together with flexible operation mode, Limited Liability Company, since its foundation, has become the favorite management mode among the majority of investors in business. Relative to the foundation of a company, share transfer system provides a much more convenient investment channel for the medium and small investors, so share transfer system of Limited Liability Company is one of the important systems in Company Law. Because the legitimate interests of multi-party civil subjects, it requires the legislators to be more cautious in the development of specific provisions of share transfer system. However, our country is late in the legislation of Company Law, and the development is not perfect, so there are many flaws and shortcomings in share transfer system in Company Law, which results lots of disputes and conflicts in share transfer transaction. It badly needs improvements and modification. This thesis starts from the specific issues of share transfer system arising in judicial practice, and then gives an explanation and analysis of the issues in specific practice, in order to put forward relative suggestions about share transfer system and improve our share transfer system. The thesis can be divided into three chapters:In Chapter One, introduce relative provisions about share transfer system in Limited Liability Company in Company Law. Firstly, it gives a simple explanation about some concepts in share transfer. Secondly, it introduces relative provisions about share transfer abroad. Thirdly, it explains and analyzes the provisions in our country’s Company Law.In Chapter Two, by the disputes in practice and based on the evaluation and analysis, it has a discussion about the core problems, which often arise in practice, to present the flaws in legislation.Analyze the legal issues arising in above case theoretically in a bid to resolve the contradiction between theory and practice from the perspective of legal and legislative. By giving examples, it gives a further discussion from the preemptive right, shares registration system and share transfer under special conditions.In Chapter Three, based on the analysis above, the thesis puts forward the suggestions about share transfer system of Limited Liability Company, including share transfer registration system and the preemptive right system.