Research On Shareholder Expulsion In China

As an important component of Commercial Law, Corporation Law is providedwith practicalness, which is regarded as the value of Corporation Law. CorporationLaw2005has introduced the company judicial dissolution system, which hasconstitute the shareholder exit mechanism with the system of the transfer of share,buyback rights of shares of dissenting shareholder and shareholder expulsionstipulated in Corporation Law judicial interpretation III. However, the stipulation onshareholder expulsion is far from perfection with several key questions remainuncovered.This paper is composed of five parties except the preface and the conclusionparts:Part One is mainly about the conception, legal characteristics and basic theory ofthe shareholder expulsion.Part Two the current legislation of shareholder expulsion by analyzing twotypical cases.Part Three is mainly about suggestions of the classification of the applicablesituation of shareholder expulsion through analysis of shareholders’ obligations andthe principle of company autonomy.Part Four is mainly about the construction of the procedure of the shareholderexpulsion by two mainly types: non-litigation procedure and litigation procedure withan emphasis on the formation of the shareholder’s resolution to expulse a(some) certain shareholder(s).Part Five is mainly about the consequence of the shareholder expulsion and thearrangements of the equity disposal as well as the judicial relief of the expelledshareholder(s).