Research On The Mechanism Of Shareholder Withdrawal Of The Limited Liability Company

The shareholder exit mechanism is an important content of the operationalmechanism of contemporary company, a mechanism to safeguard the rights ofshareholders, is a manifestation of the rights of shareholders. The company isdifferent, the exit mechanism is not the same, according to the Related Companiestheory, according to the joint capital gradually weakened, people gradually increased,we can take the company to make four kinds of classification, the first category is thecapital and the strongest listed Limited by Share Ltd, shareholders can be completelywithout trust and cooperation; the second category is non listed Limited by Share Ltd;third of the limited liability company; the fourth is the unlimited company peoplecombined the strongest, although our country has not limited, but similar to the profitorganization is the partnership. Among them, second kinds of non listed shares of thecompany and the third kinds of limited liability company is a company owned jointlyand nature. The Modern Corporation system, not only make the investors can createor enter the company’s industrial development, and also to the investor’s capital canbe free to withdraw, the protection of individual interests and needs, which makes thewithdrawing mechanism for shareholders to be studied and perfected problem. And inpractice, due to the limited liability company with respect to the Limited by Share Ltdbelongs to the closed class company, so more shareholder exit problems appeared inhuge quantities of a limited liability company, in view of this, the author according tothe shareholders of a limited liability company quitting mechanism of the relevantlegal system and practice. According to China’s current company law, although theshareholder exit mechanism is specified, follow the legislative pace of developedcountries in the world, but is not perfect, the article is too simple, the operability isnot strong, this will give different views of shareholders in practice, especially by thecontrolling shareholder group of minority shareholders to seek solutions to bring a lotof trouble, if things go on like this not only discourage many investors’ enthusiasmand hamper economic development even more widespread social problem. The author focuses on the analysis of various conditions, combined with practice,combined with the related system, put forward their own opinions, hoping to discusswith many critics and scholars, to better improve shareholder exit mechanism.In thispaper, except the preface and epilogue, is divided into four chapters, the first part isan introduction to illustrate stake in the company’s status as a shareholder andproperty identification, with a free circulation of property, and as a shareholder in thehands of equity, should also have equal properties. The second part is a limitedliability company shareholders equity exit mechanism intended to illustrate themeaning of a limited liability company shareholders, especially minority shareholdersdisadvantaged unfairly treated in the solution with great significance. The third part isa limited liability company shareholders out of the way and related systems to explore,in this part, the author combines domestic and foreign related systems and make themexplain the problem, but to quote a foreign company law system sound system for thecountry’s company law for reference. In the fourth section, the author for the firstthree parts of the question put forward their own views.