Perfection Of The Limited Liability Company Dissenting Shareholders Equity Repurchase Request Rights System

Limited liability company dissenting shareholder equity buyback right system for "Corporation Law" is a relatively new institution.Compare with the foreign legislation,there have many shortcomings and omissions in the limited liability company dissenting shareholder equity buyback system. Because this institution is not perfect,so it bring about a lot of disputes in the judicial practice. Therefore, it is very necessary to complete this system. The author of the article are divided into 4 parts describes the limited liability company dissenting shareholders equity repurchase request rights system.The first part,about the outline of the LLC dissenting shareholder equity buyback right institution. We will introduce the background of the system,and combined with the actual conditions of our country and judicial practice,analysis of the existence significance of the regime.The second part,introduce this system’s operational status in China.Identify the provisions of existing law,objective description of the system and analyzes the reasons.The third part,when we fully understand the status of the dissenting shareholder equity buyback rights system, analysis the Chinese "Corporation Law"about the LLC dissenting shareholder equity buyback rights system problems,and then we searching for the reasons for the existence of related problems.The forth part,put forward the amendments. Through fully understanding of current status,problems and causes of the system,aiming at the problems of the system,the author put forward the relevant improvement measures.For instance,increase the main exercise rights and exercise program;determine a reasonable purchase price;expanding the use of equity repurchase right of dissent shareholders conditions;increase the limit and corresponding measures.Norms and objection shareholder behavior and prevent abuse of power.This paper focuses on perfecting and improving the limited liability company of objection to the request of shareholders equity repurchase right system, and give consideration to the objection to the shareholders, the company and the creditors of the company the balance of the three interests. In order to reflect the spirit of fairness and justice of the law.