Research On System Of Shareholder Expulsion Of Limited Liability Company Of China

Limited liability company is essentially a venture company, has obvious people close, there is dependence between shareholders. Companies operating in the inevitable will appear all sorts of contradictions, a limited liability company internal conflict is caused by his close countries company law has been the focus problem. And shareholder expulsion system regulation, the company may in accordance with legal procedures for compulsory deprive individual shareholders of identity, make its loss of shareholder status and identity, fundamentally solve the problem. Our country in2005the new "company law" no regulation co., LTD was removed from the system, our country the judicial interpretation of three company law article18involves the provisions of the shareholders from the team for the first time, which determines the overall lift shareholder qualifications rules, but to the shareholders’ committee resolution procedure is relatively simple, and applies only to fails to fulfill its obligations and smoke escape capital contribution all of two kinds of situations. Appear constantly in recent years our country company law practice shareholder expulsion of relevant cases, the judicial practice in the decision about whether to support the company cancel the qualification of shareholders, the shareholders’committee resolution of the problem such as the specific procedures, shareholder removed from the specific reason is there are controversial.Combining with the judicial cases, found the problem, analyzing problem, for the improvement of the system of shareholder expulsion of its recommendations. The text consists of five parts, in particular:The first part, the basic theory of shareholder expulsion system. This part introduce the basic theory of shareholder expulsion system, provide theory support for the launch follow-up studies.The second part, Shareholder expulsion system in China and the relevant provisions of the judicial practice.This part of the shareholder expulsion system of our country’s current law, combing case, summing up the problems existing in the judicial practice, the specific shareholder expulsion system in Chinese provides a starting point.The third part, The comparative analysis of foreign shareholders from system.the shareholder expulsion system comparative analysis. This part to expel foreign shareholders of typical countries more mature system of comparative analysis, combined with China’s national conditions, summarizes our country can draw lessons from, to perfect shareholder expulsion system suitable to China’s national conditions to provide the reference.The fourth part, Improve the system of shareholders from the necessity and feasibility of our country.This chapter mainly from the aspects of system theory and practice need to explore the necessity and feasibility of the system.The fifth part, The improvement of the system of shareholders from the team.the improvement of the system of shareholders from the team. This part is mainly from the basic principles of shareholder expulsion system consummation, the entity rules and procedural rules three aspects discusses the improvement of the limited liability company shareholder expulsion system specific measures.