Dissertate The Withdrawing Mechanism For Shareholders In Limited Liability Company

The company is a form of business organization, is set up in accordance with thestatutory conditions and procedures, for-profit commercial organizational goals.According to the provisions of the company law of our country, including limitedliability company and Limited by Share Ltd. With the rapid development of China’smarket economy and gradually mature, companies can complete largeresource integration and guarantee the interests of investors, reduce the businessrisk, so more and more investors choose the establishment, organization, to join thecompany to participate in market transactions. Limited liability Company because ofits low threshold for the establishment, risk of Liability Co., flexible anddiverse forms of organization and popular small investors. A limited liabilitycompany has the characteristics of human resource integration, but it still is a Capitalcompany, which needs to follow the three principles of capital--capitaldetermination,"capital maintenance, constant capital". Different from the limitedliability company, not the sale of property rights of a limited liability company openlyin the market determines the shareholders can only through the equitytransfer to withdraw from the company’s objective, which reduces theshareholders withdraw from the company’s flexibility. On one hand, the shareholdersof the limited liability company established at the beginning of the expectationinterest in vain, hand out company limited, this is undoubtedly the biggest risk facedby the shareholders of the limited liability company. So, the problem of legalprotection of research and analysis of the withdrawing mechanism for shareholders ofa limited liability company is essential to protect the legitimate rights and interests ofsmall shareholders.In this paper, a limited liability company shareholders withdrawal mechanism,starting from the shareholders of a limited liability company exit mechanism, hasanalyzed our country shareholder expectations from perplexing phenomenon, andproved the existence of the withdrawing mechanism for shareholders of a limited liability company theory basis and necessity. According to the relevant provisions ofthe company law of our country, the shareholder limited liability company of ourcountry exit mechanism outside notting have two ways: consensus exit or statutorywithdrawal, it is worth mentioning that in2005the new company law innovativemeasures for the appraisal rights of the shareholders of the present, and open up anew road for the shareholders of a limited liability company to withdraw from thecompany. However, the law is perfect with a lag, the withdrawing mechanism forshareholders in limited liability company of our country still exist various problems,such as the articles of association is unknown, the lack of rules of procedure, even ifis the appraisal rights of the shareholders in law has time and again, there is no strictregulation problem. Therefore, this paper puts forward some suggestions, analyzingthe withdrawing mechanism for shareholders of limited liability company in research,seek the path of our shareholders, and further put forward the specific ideas of thewithdrawing mechanism for shareholders, protection of shareholder withdrawal of thelimited liability company look forward to progress.