Research On The Withdrawal Right System Of Shareholders

In recent years, with the characteristics of small number of settings, low capital, simple conditions,Limited liability company has attracted a lot of people to register it,but because of its closeness,the rights over shares transfer of the Limited liability company have a lot of restrictions,it may cause many shareholders have difficulty in withdrawing from the company who were in trouble. So establishing the withdrawal right system is an effective solution to solve the predicament.It will also benefit the company’s long-term development, but China’s the withdrawal right system only develops for a short time, the withdrawal right system has many inadequacies.In this regard,it is necessary to improve our the withdrawal right system so that it can offer better service for the company and shareholders.Besides the introduction and conclusion, main body contains four chapters:The first chapter is the introduction of the withdrawal right system of Limited liability company.By analyzing the concept of the withdrawal right, the differences between it and other related concepts,as well as its rights attribute,we can get a comprehensive understanding of what the withdrawal right is and what properties it has on the basis of the basic theory.The second chapter is about the legal basis and practical value of the withdrawal right of the limited liability company.First of all, it explains the legal basis of the withdrawal right from the equitable theory of interest and corporate contract theory,it also introduces the legal basis of the development of withdrawal right when it breaks "three capital principles" and "statutory capital system"The third chapter is about the comparison and reference of the legislation between the United States and Germany.As America is the representative of the Anglo-American law system and Germany is the representative of continental law system,this paragraph introduces the withdrawal right system in these two countries. And through the comparative analysis of the two countries withdrawal right system, we can sum up the experiences to improve our country’s the withdrawal right system requirements. The fourth chapter is about legislation and perfection of shareholders’ withdrawal right in our country. Firstly, the chapter points out the inadequacies of the withdrawal right system in our country including five aspects:the subjects’ qualifications, the procedure, the terms of exercise,the price of the shares and the restrictions of the withdrawal right; Secondly, offering the recommendations to perfect the basis of the inadequacies of the withdrawal right in order to improve the withdrawal right system from all aspects.