Study On The Share Pledge Of Limited Liability Company In China

With the continuous development and improvement of China's economy and financial market,the traditional way of security has become more and more difficult to meet the needs of modern enterprises.At the same time,with the company's system and the securities market more and more perfect,based on the characteristics of strong liquidity,volatility and other characteristics make it in the rapid expansion of social wealth.Therefore,the equity pledge-this new type of financing guarantees,more and more people are recognized and welcomed by the right people.However,the equity pledge to fully and effectively play a large part of the value of the system depends on the strong support of the existing legal norms.But in our country,the limited liability company has a special aspect in the pledge practice,and the problems involved are usually more complicated.With the rapid development of credit economy,the limited liability company equity pledge system has been difficult to meet the requirements of the new situation.This article mainly limited liability companies in the stage of establishment,surviving pledge of stock rights issues for the study of the main line,draw lessons from the related legal system of shareholding pledge outside of legislative achievements,according to practical regulations in our country,in view of the limited liability company in the system of pledge of stock rights issues put forward his own Suggestions,so as to help related legislation and practice.The full text besides preface and conclusion will be divided into four most: the first part,first of all define the concept of a limited liability company equity pledge and characteristics,and then respectively expounds the establishment of limited liability company equity pledge and effectiveness.The second part,introduced and analyzed in this paper,including Germany,Japan and other countries and our country Taiwan area on the legal system of limited liability company equity pledge,in order to provide certain reference to perfect the related system of our country.The third part,first discusses the limited liability company equity pledge legislative situation in our country,then analyzes the limited liability company in our country inadequate provisions of pledge of stock rights such as equity pledge confrontationism rules lack of efficiency and equity of limited liability company are pledged restrictions to the shareholders is unfair,the target company to stake a pledgee shall,in accordance with the provisions of obligations of the existing legislative gap,pledge of shareholders exercise the priority when lack of solid exercise program rules,etc,which limits the development of a limited liability company shareholder equity pledge in our country,its role in limiting its guarantee.The fourth part,this is the focus of the full text is discussed.Based on the analysis of the legislative defects of China's limited liability company's equity pledge,the author puts forward his own suggestions to improve the equity pledge system of limited liability company.