The Legal Regulation Of Affiliate Transactions Of Limited Liability Company

Related transactions compared with the general market trading can not only improve the efficiency of earnings, but also can save transaction cost, all kinds of companies in the operation of the market economy are the important constituent, therefore there are a large number of related transactions that occur within the company and the relationship with other companies. The company law of our country and some relevant laws and regulations of the related transactions of listed companies have been detailed and strict rules, and scarcely regulate the related transactions of limited liability Company, which is also the main part of market entities. But before or after the company law cancel the registered capital restrictions, the market has a large number of limited liability company, limited liability company of related transactions happened frequently. Because of the connection transaction profit, at the same time, some related transactions also damage to the interests of the company and its shareholders and creditors, the law did not carry on the corresponding rules and regulations. Therefore, this paper studies the related transaction of LLC in order to improve the legal regulating of the related party transactions of LLC.This paper is divided into four parts, the first part mainly analyses the concept of the related transaction in theory, and research relevant concepts, transaction’s form and the classification of related transactions,and analyses that limited liability company’s related party transactions has its particularity, regulating related transactions limited liability company is a necessity; The second part from the perspective of foreign, mainly relates transactions for other countries legislation, this article selects the legislation of the United States, Britain and Germany, its legislative experience to perfect our country LLC on the significance of reference to the related transactions; The third part mainly explores China’s relevant laws and regulations in view of the limited liability company which aspects related transactions, and then analyzes the existing problems in the legislative status legislation of related party transactions; The fourth part in view of the problems of legislation in our country, and puts forward the basic train of thought and concrete suggestions to solve these problems. From the examination standard, voting system, the main body of obligation and the benefits of small and medium-sized shareholders and creditors, I put forward suggestions of regulating related party transactions of LLC.In conclusion, rules and regulations to the limited liability company’s related transactions, either from the perspective of the interests of relevant subject, or from the market economy orderly operation, all have the necessity. Based on the LLC related transactions shall be legal regulation, to guide the related party transactions in the fair and reasonable direction.