Research On The Equity Transfer Agreement About Its Qualitative Effection

The Modern Corporation system made the company as a legal entity open, Company on the one hand, as in order to maintain and realize the interests of shareholders to maximize benefit community, but also the inevitable by balancing the interests of the company and the social public interests. Shareholders to enjoy the rights and obligations of the carrier for the equity, Equity and other tangible property, can be set up, change, transfer and termination (when the company was cancelled, qualification of shareholder equity is wiped out, the natural loss). But as the development of stock right and the right of common benefit right, the shareholder qualifications that closely related. In the scope of laws, administrative regulations and other regulations allow, the limited liability company and the Limited by Share Ltd’s shareholders may transfer its equity, including part of the transfer and the transfer of all. This makes the transferring party as the original shareholders of the company may be because the transfer of equity that shares reduce, also may be lost because of the equity transfer the civil legal act makes its own shareholder qualification. The assignee is possible because the transfer of shares to increase its stake or become a shareholder of the company. Limited liability company first appeared as a form of corporate, so it has the General Corporation of the congenital personal nature, namely the establishment and development of the company based on mutual trust, respect and cooperation between shareholders as the premise. In order to realize the circulation of property ownership, the transfer of shares in the economic and social change rapidly today more prosperous, but the problems associated with this brings to the judge in the trial practice has brought no small confused.The first part of this article from the equity concept, characteristic analysis of equity, the principle of freedom of contract free transfer of shares from the Western perspective, the author puts forward the principle of identity and applied to the judicial practice, explains the general principles and the transfer of equity ownership transfer of both parties interest principle. The second part for the equity transfer agreement and its effectiveness as a inquiry, classification and pattern connotation, the transfer of ownership transfer is explained, and the legal restrictions, regulations of share transfer restrictions, equity repurchase restrictions and illegal securities activities make a vertical comparison, concludes the equity transfer agreement effect affected, to the legal limits strictly abide by the in the trial process is. The third part the author with real case encountered in judicial practice as an example, through theoretical analysis and practical examples of combination, the equity transfer agreement problems in judicial practice, mainly reflected in:whether the shareholding can apply the apparent agency problems, problems of the shares of the company held by the couple split, the transfer of defective shares after the issue of accountability. The fourth part focuses on the attention to the difficulty in judicial practice, guide and limit the judicial intervention with the handling of such cases, put forward the principle; make the key facts to analyze how to use the industrial and commercial registration, register of the shareholders and other data; civil liability caused problems for the transfer of stock rights to explore.I know very well, the equity transfer system is not mature and has been introduced into China is in the period of social transition, the market mechanism is not perfect, lack of social credit system, explore the equity transfer agreement theory only see a segment of a whole. The author in this article can inspire for commercial trial judge in dealing with the case, so as to continuously seek to protect the safety of transactions and improve transaction efficiency between a reasonable balance.