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Research On The System Of Shareholder’s Expulsion Of The Limited Liability Company

Posted on:2017-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:S Y HanFull Text:PDF
GTID:2296330488986307Subject:Professional Civil and Commercial Law
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With the development of market economy, as one of the types of major corporations, Limited Liability Company gradually occupy an important economic position. The company’s operations is conducive to steady growth and development of market economy companies. Shareholders of a limited liability company most of both stock holders, but also the company’s managers.Shareholders upon mutual trust run the company. But people Closed will inevitably bring a lot of conflicts. When the base has no trust and cooperation between the shareholders,the company will face great challenge.China’s current "Company Law" provides a way to resolve corporate disputes, such as the transfer of shares, shareholders repurchase opposition, the administration of justice to dissolve the company, etc.Now,Shareholders expulsion system is an important system which can resolve internal conflicts. Companies can enforce disqualification of shareholders and make them lose the status and identity of shareholder, in accordance with legal procedures. Limited Liability Company has several characteristics. First, the limited liability company was co-features, which is reflected that shareholder of Limited Liability Company has a very important impact on the Company and the common interests of other shareholders and the company’s normal operations.This allows that expulsion system of shareholders of a limited liability company is possible from close partnership, unlimited company, which tends to be more obvious from the enterprise system reference. In real life, many shareholders of the Company default on the contribution obligation and violate the duty of shareholders or do something negative, which leads to other shareholders not to continue their cooperation, co-author of the basis between shareholders and therefore has been seriously damaged, and even seriously affect the normal operation of the company. Co-author of the basis between shareholders and therefore has been seriously damaged, or even seriously affect the normal operation of the company. In this case, the other shareholders would not think of leaving the company to make their years of hard work down the drain. However, it is impossible to continue to cooperate with shareholders.At this time the most effective and equitable way is to reject outlier’ shareholders out of the company. This will not only safeguard the interests of the company and other shareholders, and also reinforces the limited liability company co-property basis. Furthermore, we have to pay more attention to maintaining the basic characteristics of the company capital system, when designing the expulsion system because of characters based on capital.This paper analyzes and discusses the positive role of the limited liability shareholders delisting rules of corporate governance plays. Regarding limited liability companies as the objects of study. Analysis of the object does not include legal or substantially one-man company and state-owned companies, because although these two types of companies belong to the scope of the type of limited liability company, its economic structures and corporate governance with its own organizational structure has considerable particularity.Consequently, this article only study the scope of limited liability companies in the traditional sense. As for innovation, this article finds problems, analyzes and solves problems, focusing on shareholder expulsion system. Binding civil law, corporate law and economic law as the basic theory, by drawing more mature foreign shareholders delisting system and centering on expulsion condition,the delisting procedure and expulsion consequence,providing concrete measures to improve the system of expulsion for our shareholders. And analyzing the limited liability company.
Keywords/Search Tags:Expulsion rule, Expulsion condition, The delisting procedure, Expulsion consequence, Comparative analysis
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