Studies On Equity Transfer Systems In Limited Liability Company

Our limited liability company owned both co-authored and the characteristics, therefore, In the modern company system, how to use the company law system arrangement that without destroying the nature of co-authored of the limited liability company to guarantee the rights of shareholder’s equity free transfer smoothly and maintain the co-authored foundation and ensure that the normal operation order of the company then increase shareholders’interests and social interests furthest are the most important factors in the company legislation. Through the comparison of foreign equity transfer system legislation, we can find that when a limited liability company transfers shares to somebody external, in general, most countries and regions treat shares transfer freely as the principal, at the same time rules some limiting condition in a certain degree. Our company law reflects this principle and rules the restrictive provisions that contain the shareholders’ approval right and preemptive right. However, the system and theory gaps and omissions of equity transfer leads to various and complicated disputes in equity transfer.Combining the fundamental the fundamental theory of company law and contact law, the dissertation is divided into4chapters.Chapter1mainly discusses the related concept of limited liability company shares transfer, then through the introduction of disputes of equity transfer contract effectiveness pointed out that the limited liability company shares transfer system is the most important topic for our scholars and lawmakers at present and the significance of research on equity transfer system..Chapter2mainly introduces and discusses the principle of equal liberty and the principle of limitation about limited liability company shares transfer principle. From that we can find our company law and relevant judicial interpretations follow and reflect this principle.Chapter3mainly discusses the limited liability company shares external transfer system between different countries and regions. Though the comparative analysis of the limited liability company shares external transfer between system common law countries and the mainland legal system countries, that the systematic and perfect transfer system which based on the transfer free and the principal of limit worthy of our reference and study.Chapter4mainly in view of the existing legislative defects of our limited liability company shares external transfer system, upon the shareholders preemptive right system and the effectiveness of the equity transfer rules, etc, puts forward related suggestions to perfect our limited liability company shares external transfer system.