A Trying Study On The Inheritance Of Share Equity Of The Natural Person Shareholder Of The Limited Liability Company

The inheritance of the natural person shareholder’s rights of the limited liability company is a controversial issue in the "company law". The author is based on interest, to be a long-term concern, through communication with the instructor, decided to write about this aspect of the paper. Through the comparison of domestic and foreign related research, the author finds that the relevant laws and regulations of both civil law system and Anglo American legal system determine that the natural person shareholder’s rights of the limited liability company can be inherited. Admitting the equity can be transferred because of the death of the shareholder. At present, the domestic scholars such as Liu Junhai, Zhou Yousu and Zhao Xudong are studying on the inheritance of equity. They admit that the equity can be inherited. With the increasing number of natural person shareholders, how to inherit the equity after the death of shareholder has caused more and more attention, and has become a hot topic.The author believes that the equity succession is a way of the change of shareholders of the company. And that may be leads to impact on the personal combination of the company. The lawful successor of shareholder of the limited liability company inherits the qualification of shareholder, and then is entitled to the rights of the dead shareholder. The article seventy-fifth of the "company law" has determined both the inheritance and the restrictions of the equity. Determined that the qualification of shareholder is to be inherited not only the property rights, but it is also restricted at the same time. However, in some practical cases, we must find the legal basis from the "civil law" and the "inheritance law". The writer tries to explore various problems about the share equity inheritance of the limited liability company in practice, and then tries to propose the good methods. Through the introduction and the first part of this paper, the author makes a confirmation on the succession of shareholder’s qualification, and expounds the related problems and personal opinion in practice, and then puts forward some personal ideas in the second part of the paper, trying to put forward some suggestions on the inheritance of the natural person shareholder’s rights of the limited liability company. This paper intends to take literature research, normative analysis and empirical research, interdisciplinary research and other research methods, and then provide a certain reference for practice through the analysis both from the theoretical and practical aspects.This paper is a total of about 27000 words. For the first is the introduction. Mainly from the significance of the topic (including content, literature review, research methods, etc.), equity meaning and inheritance analysis, the introduction of the "company law" article seventy-fifth before and after, etc. are discussed. For the second is the study about the practical problems. It is about ten sections. The writer tries to propose some methods facing the practical cases. For the third are the proposals.