The Research On Our Limited Liability Company’s Shareholder’s Withdrawal Right

Giving shareholders the right to exit the company under certain conditions, is necessary and reasonable to a certain extent.For a long time, in order to encourage investment, maintain industry, promote the company and so on. As for system design and implementation of a limited liability company, we pay more attention to shareholders of investment and operation and management. There are some corresponding system arrangement about the limited liability company shareholder exit mechanism, but the law is not much, practical measures are limited. Shareholder exit involve multiple interests relations, and make the relevant system design and practical factors to consider when processing is more complex. Effective limited liability company shareholder exit mechanism can maintain the order of operations, protect the interests of all parties, and improve the company. One of the most important aspects of the legal system. At this stage, the ways that shareholders exit from the company mainly include the transfer of shares, the judicial dissolution, the shareholder expulsion and the repurchase rights for dissent shareholders. These ways can protect the rights of shareholders, but there are some limitations. The transfer of shares often end up with unfair equity prices; the judicial dissolution always can not get the support of the court; as for the shareholder expulsion, shareholder status is too passive. In these circumstances it makes shareholders withdrawal with the emergence and development of space. The Company Law allows the repurchase rights for dissent shareholders, this is undoubtedly a great progress of withdrawal system, but it seems to be so simple that can not solve complex problems.This paper analyzes the theoretical basis of shareholders withdrawal right of the limited liability company, draw lessons from foreign shareholder equity system, introduces the current situation and problem of our country and put forward to perfect the corresponding method, in order to make the shareholder withdrawal as a makeshift in the role of the company law. This paper is divided into four parts.The first part introduce the concept, nature and theoretical basis of the withdrawal right. The paper gives shareholder equity a definition, divides it as the legal equity withdrawal and the protocol of the equity withdrawal, at the same time analyses the nature and the theoretical basis of the withdrawal right.The second part mainly introduces the foreign shareholder equity system. It Introduces and analyzes the aspects of entity and procedure in the withdrawal right of Germany and USA. The paper discusses the main way based on the German serious cause about equity withdrawal system and American withdrawal right, in the end it analyzes of the similarities and differences between the two.The third part analyzes the status of the limited liability of shareholders withdrawal right system in China and the existing problems.Based on the introduction of China’s shareholder equity system of the legislative evolution it analyzes the existing provisions of the current company law in China, points out the specific issues of the cases of equity withdrawal, withdrawal procedures and the other things about withdrawal.The fourth part is the focus of this article, the author according to the relatively mature experience, discusses how to perfect our country’s shareholder equity system of limited liability company and put forward the related proposal, in order to make up for the defects of our current legislation.