Type Of Defect Equity Transfer And Analysis Of Responsibility Inquiry

Cases of shareholers flaw funded are commone in judicial practice, but thecurrent legislation does not specifically regulate the company equity transferrelated to the civil liability of defective specification, company law does notspecify the stage，especially in the market just subscribed during systemoperation，if simply apply the civil law，such as contract law to deal with, willnot achieve a decisive role in the market for economic exchanges, if not toemphasize the special nature of the Act as a special law, the law applicable inspecial secondary law，company law will not be great progress directly affect theefficiency and security of trading behavior of market players. Although the Actof judicial interpretation of the newly implemented capital company makesprovision transformative, but not yet on Civil Liability for defects related to theequity transfer was typed detailed analysis, this theory has not reached aconsensus therefore the effectiveness of their transfer defect caused by a defect ofthe equity transfer of the relevant equity transfer contract civil liability hasbecome theorists and practitioners focus of the study. This article is by a limitedliability company for the study, a limited liability company after trying the typicalcorporate t’ype system s flaws and the transfer of the equity transfer contractvalidity civil liability related to superficial research，in order to resolve suchdisputes practice ways to provide solutions and new ideas.This paper is divided into four parts: the first part asked，question，By exploringthe nature and position of the flaw shareholder equity leads to the theme. Thesecond part of the equity contribution flaws outlined arguments come defectsshareholders still enjoy the shareholders eligible to be free to transfer its flawsstake‘The third and fourth part analyzes the transfer type defects options andcorresponding civil liability analysis, including post-defective equity transfer.the transferor and transferee of compliance shareholders, creditors of thecompany and when the company set up to share the responsibility of how it should be between the transferor and transferee liability and how to share? Theiftfh part is the focus of this paper，through study abroad advice relevantlegislation，combined with China’s national conditions，the transfer ofresponsibility for our funding allocation defects and suggestions to improve andexplore the era of the subscription system，shareholders construction defectprevention mechanisms funded.