Limited Liability Company Equity Transfer Empirical Research

Though revised the company law in2005set up in China discussed with equity transfer of limited liability company is to be regulation, but in practice, based on the equity transfer of disputes emerge in endlessly, the relevant case is also a judicial judgment.Investigate its reason, on the one hand, because of the limited liability company shares transfer because of the social customs and the related legal adjustment is more complicated, and often there are larger differences between specific rules and conflict, such as property rights in the civil law rules and conflict between the appearance of socialist rule of law is the important system cause of the dispute and the referee problem. On the other hand the author through to the north of Italy, a large number of limited liability company shares transfer case found that the law of relevant concepts of equity transfer confusion, lack of risk responsibility consciousness, only figure of poor profit of traditional small-scale peasant consciousness of cooperation, make a lot of disputes no appeal is necessary, in addition, the judge cognitive differences of different, the concept of commercial referee is missing, make connection with different sentence is often happened in practice, there are even mistake, miscalculation. These are subjective factors lead to disputes and the referee problem.The first part, the basic theory of equity transfer of limited liability company to do a simple introduction. Equal with the ownership and creditor’s rights in equity should be an independent civil right. The body of the equity transfer has specificity, the assignor shall be established according to law shall enjoy the right of legal shareholder in the company’s shareholders, but companies under certain circumstances can become a stake in the assignor. Equity transfer shall be the legal nature of legal actions, otherwise once produce issue or involving lawsuit, has increased the potential legal risk.The second part, the author through to the north of Italy, combing the case under limited liability company equity transfer, find out the main problems in practice and is analyzed. Equity transfer contract shall become effective after its establishment, the registration of the ministry of commerce and industry only have made by nature. The establishment of the equity transfer contract is different from contract changes in equity, equity changes also need of the public. Effectiveness of the contract, infringement of right of first refusal of the contract shall be effective, so that we can better maintain the stable trading.The third part, the concept of the limited liability company shares transfer judicial judgment are discussed in this paper. Judge should first respect the autonomy of equity transfer both sides. the second in the process of the referee and considering the professional in the field of commercial and non-profit, grasp the sequence of the civil law and commercial law, so as to make the right to judge, maintaining the order of business transactions and security.