Limited Liability Company Equity Transfer Agreement Effectiveness Research

Equity transfer system is an important part of company system one of theventure investors for the enthusiasm and promote the company efficient operationinspired, is of great significance. Along with the development of socialist marketeconomy, equity transfer behavior increasingly active, judicial practice for equitytransfer dispute in are increasing. In October2005revision of the new company lawis set to chapters of a limited liability company shall be the equity transfer problemsmake clear a regulation, enhance the equity transfer terms maneuverability, thecompany law of the equity transfer system has carried on a lot of revision and perfect,but correlative laws and regulations are still too small, and still have many problemsneed to be discussed.Limited liability company between stock Co., LTD. And the partnershipbetween, hold concurrently endowment LLC share sex characteristics. Ownershiptransfer of limited liability company, involving legal person, natural person and soon many kinds of civil main body of rights between. Equity transfer agreement asequity transfer the important one link in, its effect is not only related to the judgmentof the problem to the above the rights and interests of the parties to coordinatebetween subjects, but also related to how to maintain the management of a limitedliability company with nature, but do not destroy the person and foundation, toensure the normal operation of the limited liability company and socialist marketeconomy and orderly development.This paper, besides the introduction and conclusion, it contains five parts.The first part,"limited liability company equity transfer basic theory", mainlydefines the concept of equity transfer, equity transfer the type and characteristics ofthe equity transfer law. Through to the analysis of the problems, clarify the equitytransfer of some of the basic theory, the paper after other problems the theoreticalfoil. The second part, the "limited liability company equity transfer agreement effectoverview", this paper focuses on the equity transfer the equity transfer agreementwith the effect of the difference, equity change and equity transfer agreement effectof the relationship. Distinguish between equity transfer effect of the validity of theequity transfer agreement is a big breakthrough point of this article, and discussesthe effectiveness of the equity transfer agreement inevitably cannot avoid alterationregistration equity transfer agreement with the effect of the relationship.The third part,"flaws equity and the effectiveness of the equity transferagreement", from defects contribution and hidden name two aspects of theinvestment flaws equity and the effectiveness of the equity transfer agreement,ownership transfer of defects in some hot and difficult problem gives some opinionsof his own.The fourth part,"flawless equity and the effectiveness of the equity transferagreement", the equity transfer involved in the shareholders priority, equity transfer,return type transcendence equity transfer controversial problems were discussed andtries to give some feasible answer.The fifth part,"other special circumstances the validity of the equity transferagreement", to the articles of association of the equity transfer agreement effect, theinfluence of the equity transfer payment by installments of the special problems arediscussed in this paper.