Research On The Law Regulation Of Associated Business Of The Limited The Limited-liability Company

Connected transaction is a neutral concept, there are a lot of commercial transactions, legitimate connected transaction can reduce transaction costs and improve the overall effectiveness; improper connected transaction, on the contrary, may fleecing the company to harm the interests of the shareholders. Currently, the legal rules of the connected transaction of listed companies in China are more mature and perfect, but the existence of connected transaction in the limited liability company is careless, neither the law nor the relevant judicial interpretations and regulations. In commercial subjects,main listed companies are larger and master the country’s economic lifeline, but more commercial subjects exists in the form of a limited liability company. Therefore, the research of connected transaction of a limited liability company law rales for the norms and the healthy development of the limited liability company has a very important significance.The first part of this paper mainly examine the concept of the scope of the related person and connected transaction legal definition,based on the world’s major national legislation, and analyze detailedly the constituent elements of the related party transactions, to make the concept of connected transaction more concrete.The second part analyzes the overview of the connected transaction of a limited liability company, including the characteristics of the connected transaction of a limited liability company,as well as our current legal characteristics of its regulation. And stresses that connected transaction of a limited liability company with a great risk, but the means of its regulation of our laws is very scarce and weak. The third part, from the perspective of comparative law, examines the world within the scope of the connection transaction regulation of three kinds of modes:namely for examination and approval of related party transactions mode, composition of the standard company law in the United States; Affiliated enterprise model, for analyzing key with Germany shares the company law; Litigation right safeguard mode, detailed introduces several major litigation relief means. The fourth part mainly starts with the examination and approval model of the connection transaction, using a certain logic thinking method, to reconstruct the legal regulation means of the connected transaction of the limited liability company in China. The point of this section is to use fully negation plus special exception approval review of connected transaction, and introduce a higher standard of proof-"surplus standard", and strive to minimize the risk of related party transactions. Finally, the paper also pointed out several other legal means that can regulate the connected transaction of a limited liability company.