Study On The Share Pledge Of Limited Liability Company

Limited liability company is weaker than stock corporation in size and power, but limited liability companies are more than stock corporations in the modern economic society. So it is necessary to strengthen the institutional construction of limited liability. This article start to basic problem of share pledge, then hackle limited liability company institutions from establishing share pledge to achieving share pledge and find our country relevant laws’defects and loopholes. It hope to help to change or expound our current relevant laws via using legislation of other counties or regions for reference, integration different views of jurisprudential field. The article includes foreword、main body and conclusion and the conclusion is consist of four parts.Part one, the basic content of the share pledge.This section is mainly based on the introduction of the basic situation of the share pledge. It’s including the determination of the concept of share pledge, the embodies of share pledge particularity and the combing of our country’s share pledge legislation. Comparative analysis of the different views of scholars on the nature of the pledge of the stock rights, that the right of object theory is the most accurate definition of the nature of the option and the right quality. Finally, a highly controversial issue of the share pledge institution——the range of the subject of share pledge wads discussed. It has come to the subject of the share pledge only the right to self-benefit options after a comparative analysis of the two points of view.Part two, the establishment of limited liability company share pledge. It begin to research the special topic of the limited liability company share pledge from this part, the article will elaborate the share pledge establish、effectiveness and achievement of limited liability company respectively according to the time sequence. This section is mainly related to three aspects, First, summed up the special nature of the limited liability company’s share pledge from comparing the limited liability company’s share pledge to the stock corporation’s share pledge. Second, analysis whether it is necessary to get the agreement of the majority of the shareholders when a limited liability company establish share pledge. Third, The choice of publication ways of limited liability company share pledge.Part three, the effectiveness of limited liability company share pledge.When share pledge of limited liability is set up,it will produce the corresponding effectiveness, including the scope of the guarantee for debt、 the range of effectiveness of share pledge、rights and obligations of the quality of shareholder and mortgagee. Unlike other pledges, the mortgagee should be entitled to the rights to the corporation, as for the corporation is closely related to the realization of share pledge, so the corporation is obligated to ensure the mortgagee’s rights.Part four, the achievement of limited liability company share pledge.The target of share pledge establishing is to achieve share pledge, and achieving the limited liability company share pledge must satisfy some specific conditions. The realization ways of share pledge are convert into money、auction and sell off, and it can choose those three ways according to different situations. The consequence of achieving share pledge is transferring the possession of stock right and the people combination of limited liability company should be considered to transfer he possession of stock right in accordance with the relevant law. Finally, introduce how to achieve the right of share pledge and some risk prevention measures of mortgagee when the target corporation go bankrupt.