Returned Stock Of The Stockholders Of A Limited Liability Company

Limited liability company shareholder’s equity refers to the shareholders of the interests will have a major impact on the resolution; the resolution indicates that the shareholders of objection or for other reasons that make shareholders can’t continue to stay in the company, then have the right to request the company to give a fair and reasonable price to buy the shares they hold, thus the right to withdraw from the company.Retirement system for the protection of benefits of minority shareholders, and to make up the disadvantages of the limited liability company "closed" and "capital majority" principle, which is make shareholder can withdraw investment under particular conditions according to the law. At present, China’s corporation act has initially established a system on the withdraw right of shareholders in limited liability companies in order to settle withdraw disputes. However, compared with foreign system there are still many shortcomings, such as the limitation of applicable subjects, the hardness of carry out in practice, the lack of related supportive system. These drawbacks make our withdrawal right system hard to survive in real practice. In order to improve it, this article analyzes and compares the details of system of shareholder’s withdrawal right of limited liability company of Germany and US, probes into the application of this system in China, points out the deficiency of the related provisions of new company law and suggests the corresponding perfecting measures.