Research On The Validity Of The Change Of Equity Of The Limited Liability Company In China

The limited liability company equity change means that the transfer of benefits and risks, therefore, under what condition changes in equity became validity, and under the condition of defects in effective element, rules for the assessment of the validity of equity changes will have a significant impact on the interests of the parties. However, due to China’s "company law" on the limited liability company equity change effect does not have the corresponding provisions, resulting in a dispute about the effect of the change of equity in the legal practice, which brought adverse effects on civil legal subject on the behavior risk prediction, prevention and control, as well as on the security of the market transaction, transaction efficiency of maintenance. Therefore, research on the validity of the change of equity of the limited liability company in China, clear the rules in Co., Ltd. equity validity of changes, is particularly important.Validity of the change of equity of the limited liability company in our country is mainly reflected in two aspects, one is general requirements of entry into force in the equity changes, the other is the validity of the change of equity in the condition of defects in effective element. For the effective element of the change of equity, according to the basic principles of civil and commercial law, the author thinks that should from the subject, object, behavior (expressed intention) and other aspects of a comprehensive investigation of validity of the change of equity, and that changes in equity occurred complete legal validity should be the change of right of capital and rights of membership, effective behavior of change of right of capital and the rights of membership is the direct effective element of the change of equity. As for the defects in effective element of the change of equity, the author respectively from the defective of subject, defective of object and the defective behaviors, research on the state of validity of the change of equity in the defective condition of the effective elements.In addition to the introduction and conclusion, this paper is divided into four chapters, summarized as follows:In the first chapter, the basic theory of the nature of equity and the change of equity is summarized. This part first elaborated the theories about the nature of equity, that equity is a both a special rights of membership rights and capital rights, then the basic theory of equity change carries on the elaboration, attempts to refine the effect on validity factors of the intrinsic value of the equity change. Through these discussions, to pave the way for the demonstration of validity of equity change in Co., Ltd.In the second chapter, the paper makes an investigation on the legislation of the validity of the change of equity in the field, and expounds the judicial practice problem of the validity of the change of equity of the limited liability company in China.The third chapter discusses the validity of equity changes. First of all, the author analysis main academic theories about the validity changes in the equity, and then discusses the changes in equity including subject, object, behavior and other aspects of the effective elements and changes in equity by the behavior change rights of capital and rights of members lead to complete the legal validity.The fourth chapter discusses the validity state of equity changes under the condition of defects in effective element.