The Research Of The Equity Transfer Model Of The Limited Liability Company

Abstract:Since the limited liability company with its own unique charm and extremely strong vitality come out,this company type,many investors uesed it. Meanwhile,the limited liability company becomes the largest enterprise form in the world.At the same time, shareholders pay attention to the equity gradually,which as an important form of wealth.The form of the equity’s free transfer in limited liability company,as a way of the realization of shareholders’ rights, is the positive form of shareholder’s capital investment and the company absorbing the fresh blood.Equity transfer, however,which as the realizing effect of changes in equity,is still blank in the legislation in our country, thus lead to the in the equity transfer of limited liability company, cannot timely and effectively achieve equity stake the assignee.At the same time, it make the rights and interests of stakeholders being suffered great damage, such as company,even make the equity trading market confused,the enthusiasm of the shareholder’s equity transfer declined,companies not be developed healthly and stablily.Therefore, it’s very important and urgent to build the equity transfer mode for the limited liability company of our country.This article is divided into five parts.The first part, the author puts forward the connotation of equity change model of the limited liability company.On account of the similarity between the real right transfer mode and the equity’s,analyzing this questinon via the difference between the real right and equity change mainlyThe second part,the paper discusses the necessity of building the equity change model for the limited liability company, the reason why the paper studys.The paper discuss the legislative blank of our country for the equity transfer mode of the limited liability company mainly,and discuss the the necessity of establishing the model. The third part, the paper reviews and summarizes the existing views of the model of equity confer in the limited liability company in schools, and put forward the authors own some opinions, in order to prepare the theoretical basis for how to put forward the model of our country below.The fourth part, the author discusses the guiding thoughts which we should adhere to in the process of constructing the model of the equity in the limited liability company in our country,in order to build the reasonable and effective mechanism of transfer model under the corrrect theory.The fifth part,is the core part of this paper, focusing on putting forward my own opinions about defining the point-in-time of the equity transfer of the model in the limited liability company, I think,the model of equity transfer in the limited liability company in our country should be on the basis,of which the model of an-registration,acting the model of " since the equity transferee paying the corresponding cost of the equity to the transferor and informing the company the fact of equity transfer ",says"paying+informing" as the model of equity transfer.De-signing the relevant articles of law, meanwhile,discussing the applica-tion of the model of equity transfer and designing the articles of law in the some special cases.