Analysis Co., Ltd.Shareholders’ Right To Buy Relief Channels

Article is mainly from the limited liability equity transfer system in the framework of the shareholders’pre-emptive rights, the design of the system is understood as a product point of view as the configuration of the interests of all parties, in order to solve the shareholders pre-emptive rights in the equity transfer system in the case of violations, effect of changes in the ownership and the rights of relief afterwards.The author of the equity transfer as a hierarchical dynamic process, in different stages of the equity transfer effectiveness and constraints have Therefore, in each of the different stages of the pre-emptive rights have been violated Solutions should be different.The article focuses on the problems arising in practice in cases of violation of legal procedures against the pre-emptive rights of shareholders and the share sell " analyze and solve practical problems in such cases, in order to straighten out the proposed priority purchase the new ideas of the right people at different stages of relief.I believe that the effectiveness of equity transfer the burden of behavior and sanctions arising out of acts, the burden of behavior is only the creditor debtor contractually bound to the effect does not the interests of the right of first refusal of any influence; disposition will affect the structure of the equity, will involve the interests of the original shareholders, and thus both legal consequences arising from the equity transfer. Different stages of the pre-emptive rights infringement cases require the analysis is complete disposition for the sector, so that the interests of the measure and decide which party’s interests first.1believe that the practice court cases of pre-emptive rights violations identified, mainly due to the clear understanding of the nature of the right of first refusal. Second priority request invalidate a contract or a requirement to withdraw from the contract remedies is wrong, I believe that given the right of first refusal to revoke changes in the ownership rights in the changes in the rights of links, way better than the revocation of the validity of the contract. Therefore, based on the analysis and resolve the following issues in turn.First, set the legislative intent of the shareholders’pre-emptive rights, the nature of the right of first refusal. Second, the right of first refusal on the equity transfer effectiveness. Third, pre-emptive rights have been violated relief.The first part of the article through the analysis of the equity transfer disputes violation of shareholders’pre-emptive rights, the proposed means of relief in such cases in the past will generate a lot of transaction costs, will bring the potential risks, is not desirable. The second part, based on the analysis of a relief route deviation system causes. First, due to the nature of the rights recognized deviation, followed by the confusion caused by the effectiveness of the contract and the performance of the contract.The third part from the system level to explore legislation to set the system value and the legislative intent of the shareholders’pre-emptive rights, from the system level of the equity transfer of foreign rule, the interpretation of the consent and the logical structure of the pre-emptive rights in the foreign transfer of the equity interest in a limited liability company, re-interpretation of the role of the pre-emptive rights in the equity transfer of foreign system.Section IV presents the author’s concept of the right to relief on the right to change aspects distinguish the effectiveness of the Equity Transfer Agreement and the effectiveness of the equity transfer system and improve the equity acquired in good faith to give the right of first refusal to confirm the effectiveness of the equity transfer initiative, punish the infringement of the right of first refusal body, an effective balance equity transfer of foreign interests among reduce the occurrence of violations.