Foreign Shareholders Of A Limited Liability Company With The Problem Of The Transfer Of Ownership Agreement

With the transfer of shares of limited liability company becoming more andmore frequent, the disputes about external transfer of shares are increasingfast.Although the third chapter of the company law has special provisions to regulatethe shares transfer of limited liability company’, whether in practice or in theory,people’ views are different. The most important reason is the different understandingof the external shares transfer of contract about Limited Liability Company. Whenthe shares transfer contract has not get the approval and infringe the pre-emptiverights of other shareholders，people’ perceptions are different. In order deepen theunderstanding of the external shares transfer contract; this paper is divided into fourparts to discuss this problem.The first part is the concept of external shares transfer contracts, the nature andsignificance of the concept. The first part defines the external shares transfer contract,and focuses on the difference between external shares transfer contract with thegeneral civil contract, and significance of the external shares transfer contract.The second part is the legal restrictions on external shares transfer contract. Thefirst part is the cause of legal restrictions on the shares transfer contract; thefollowing content is about the specific legal restrictions on external shares transfercontract.The third part is the validity of the shares transfer contract. The first content isthe constitutive requirements of external shares transfer contract; the followingcontent is the effect of external equity transfer contract, including the legal validityand illegal validity of the external shares transfer contract.The fourth part complement with the external shares transfer contract, includingthe criterion for judgment of external shares transfers d and special problems ofcomplying with the contract.