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Expulsion Of Shareholders In The Limited Liability Company

Posted on:2012-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:J JinFull Text:PDF
GTID:2256330392963277Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Expulsion of shareholders in the limited company is a system based on the law or thecompany charter.The removal system is defined as:the duration of the company for seriousharm to the interests of the compangy and other shareholders,deprived of its shareholdersentitled to stop all its rights of shareholders. Compares with terminating the company bythe shareholders quit or by using the judicatory dismiss, expulsion of shareholders avoidsmaking the company into a bad situation for some shareholders break their obligation. Itcan solve the problem between shareholders in the company, and make the shareholders toobay their obligation.The limited liability company has the capability of person joint, trustand reliable between shareholders play a key roll in running a company normally.Expulsion of shareholders in the limited company,there is no perscribe in thecompany law.But with more and more limited company using expulsion system, thispolicy has been agreed by the judgment somewhere,scholar begin to researchshareholders from theory.But there are some core questions such like how to judge thereson of explusion of shareholders,there still has confilct,the can not have the same resultyet.Because of shortage on law,theories have not been completed yet,the judgements aredifferent in different places,it worth to have a deep research on expulsion of shareholders.Ihope the paper can have somebody’s eyes on it, and have contribution on building expulsonof shareholders on company law.This paper described the explusion of shareholders from five parts,the firest partdescribes the features and defining on explusion of shareholders,and compares with otherpolicy which relates to the explusion of shareholders,then has a deep description onexplusion system.In the second part,I studied statutory law and common law from thejudgements and theory, then analyse the explosion of shareholders from thedifferences.The third part based on the complict on this policy,describs if explusion ofshareholders is nesscary or can be used in China,and research explusion of shareholdersfrom theory in the law.the third part tries to build a explusion system which can be used inChina,the policy is based on the enviroment in China,.the innovation on this paper is fromthe defferent sides of legal or the contract,the two sides are completing with each other andare based on each other.and does a deep research in how to build the explushon ofshareholders uppon theories now we are having,and does a deep research in the lawproblems which will be happened after policy build this. This paper chose the ways of researching in compare and learning from other country.And analyses the sample, then build the expulsion of shareholders by using theself-management as the rule and basing on contract of company theory, I am trying to builda policy which would suitable for China, it includes the Procedural Law and ProceduralLaw.It is the effective supplying to solve the problems wich the company in difficultsitution have,and it is also can complete the law in China.
Keywords/Search Tags:the limited company, expulsion of shareholders’ rights, theautonomous principle
PDF Full Text Request
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