On The Compulsive Execution To The Shares Of Stock Rights

Equity transfer is a very common way about capital operation in capital markets.Equity transfer, includes the equity transfer of the limited liability company and equitytransfer of stock company. In practice, a limited liability company is a relativelysimple because of the establishment of conditions and procedures. As the basicstructure of the market economy, the number of the limited liability company is verylarge. Equity transfer of a limited liability company is playing an increasing role in thesocial life.However, in terms of the actual situation in China, the enforcement of the limitedliability company is a relatively new judicial activities. On the Companies Act2005provisions, the transfer of the equity of the shareholders of the Company,73of whichprovides that, Transfer of shareholders’ equity in accordance with the law enforcementprogram, the People’s Court shall notify the company and all its shareholders, othershareholders under the same conditions of first refusal. Other shareholders at least21days from the date of the notice by the People’s Court to exercise its right of firstrefusal, as a waiver of the right of first refusal. This law stipulates how the equity inthe enforcement program should transfer issues, but in practice the operation involvesa lot of problems for the equity transfer enforce procedures reflect our current scienceof the Company Law rationality and practicality is still some shortcomings.Enforce procedures, the equity transfer of a limited liability company presentsmore features. The solution to the pre-emptive rights of the shareholders of thecompany, creditors of the company the ability to initiate the implementation of theapplication of the equity transfer is worth discussing and studying the actual problem.