Study On The Right To Claim Dividends Distribution In Limited Liability Compannies

As the funders of company,the shareholders have right to ask the company to distribute surplus.Limited liability company has a certain degree of closure,so the equity transfer is limited.When the right of the shareholders' distribution surplus claim is violated,there are several relief approaches(including equity transfer,share repurchase claims,filed confirmed invalid revocable lawsuit,the dissolution of the company,etc.)in the current company law of our country.But they have some deficiency so as not to protect effectively.In view of the lack of compulsory surplus litigation system,judicial practice generally does not support the claim of shareholder surplus distribution in China.But there are individual cases that make the opposite verdict.Our country should learn from the advanced legislation and practical experience of the Anglo-American countries and establish Chinese compulsory surplus distribution litigation system.When the shareholders who control the company do not allocate dividend maliciously,that the shareholders of the limited liability company exhaust the internal relief should be allowed after the surrender of the litigation.We must emphasize the boundaries of judicial involvement and maintain the balance between judicial involvement and the company autonomy.