Internal Transfer Of Stock Ownership Theory Of Limited Liability Company

Limited liability company as a major form of the company, the transfer of its shares into the equity transfer and internal transfer of foreign ownership, with the integration of free market competition, corporate mergers and acquisitions accelerated, the frequency of the equity transfer is also growing, and internal transfer between the shareholders, as a transfer type, although different from the external transfer, but plays an important role in maintaining harmony and stability within the company, to promote the company’s capital flows, achieve shareholder rights and interests. Posted contents of this article focuses on fit, that is, the transfer of ownership in domestic limited liability company or some may encounter problems. This paper is divided into four parts:The first part describes the case of a company share transfer, and noted that it reflected the legal issues. It introduces the presence of shareholders equity in the internal transfer program error, without the knowledge of other shareholders, in violation of the provisions of the Articles of Association of the restrictions on the transfer and further changes may affect the company’s decision-making, from the system and principles of corporate law considerations were lead company charter restrictions validity, effectiveness defective contribution shareholder equity transfer issues for priority system and other issues.The second part, from the company’s articles of association system that perspective, the Constitution set forth restrictions on the transfer of shares of a theoretical basis, and further pointed out the existence of deficiencies charter, how the content is real and effective identification of the Constitution? In this regard, the Constitution should clearly position the company at the same scale, to determine what works and what content should be recognized as invalid.The third part focuses on the legal issues of equity in the presence of an internal transfer contract, combined with the text case, whether the share transfer agreement entered into force in the case of other shareholders without the knowledge of the existence of the transferor should be funded defective share transfer and how to identify? The best advice is: should the shareholders’ right guaranteed under other circumstances, increase the additional liability defective share transfer fault party.The fourth part introduces legislation preemption system and the "equal conditions" criteria, and by analyzing the characteristics of the priority system, obtain the priority system introduced internal transfer of shares is necessary. In the equity transfer, because other shareholders opposed to the rational allocation under nor better equity system under the premise of the priority system provides a good reference.