Research On The Limit Of External Equity Transfer Of Limited Liability Company

With the rapid development of social economy, the liquidity of social resources is enhanced, and theequity of the Limited liability company transfers more frequently. The law of our country allows theequity transfer of the Limited liability company, at the same time in order to maintain the characters basedon shareholders, the law limits the external equity transfer. But the specific provisions is still not enoughperfect, and the scholars also have different opinions about it, it becomes the obstacles for the externalequity transfer of the Limited liability company. To solve the existing problems, I will study on the limitof external equity transfer of the Limited liability company, with the discovering the issues, analyzing theproblems, resolving the questions, and clarify my own opinions. This paper is divided into three parts:The first part is the basic theory of external equity transfer. Firstly, this section distinguish the internalequity transfer, the external equity transfer, the company buy back equity, then analyze the reasonablenessof external equity transfer and its theoretical basis of limit.The second part is the analysis about the specific provisions for the limit of external equity transfer. Thissection analyzes the general restrictions in the "Company Law" Article71、The right of the preemption toenforcement procedure in Article72、Equity inherited in Article75. These analyzes are the basis for theresolutions, which are described briefly below in the text, so the measures can be more effective.The third part is the legislative proposals to the limit of equity external equity transfer. This sectionanalyzes the existing theoretical controversies, and I put forward advices to make the aforementionedproblem to be solved thoroughly.