The Effectiveness Of Share Transfer Restrictions In The Articles Of Association

Shares of limited liability company shall limit the validity of the share transfer has long been controversial in theory and in practice.Referee from the relevant case,the judicial practice regarding the share transfer restrictions deny Co.effectiveness experienced by the direct negation gradually shift to positive evolution.Compared to the limited liability companies,joint stock company does not explicitly "Company Law" conferred by the articles of association limit the equity transfer of rights,the provisions of the legislation is not clear on the cause of judicial practice applicable Articles of Association limit the equity transfer issues confusion.From the four parts to discuss Articles of Association limit the effectiveness of the transfer of shares proposed to achieve a specific purpose,Articles of Association restrict freedom of the equity transfer legitimacy from both internal and external limits on the effectiveness of joint stock limited company equity transfer in-depth analysis explained.The first part leads through a case Articles of Association of the effectiveness of share transfer restrictions,blurred corporate law related legislation,more easily lead to the judicial practice in handling cases,Ltd.equity dispute,the referee made different,but also cause greater academic controversy.The second part of the share transfer restrictions on Limited relevant legislation,the academic point of view and be reviewed.On the "Company Law" Article 137 and 141 of the understanding,there is a big controversy,including academic theory invalid,said the conditions that effectively said three types of share transfer restrictions proposed Articles of Association of the effectiveness of how to read,focus of controversy all kinds of doctrine.Depth analysis of the main reasons for disputes and countermeasures.The third part analyzes the Articles of Association limiting foreign equity transfer effectiveness.Effectiveness and credibility of the legal regulations of the equity transfer contract two aspects of interpretation.Part IV focuses on the first half of the Articles of Association of the effectiveness of share transfer restrictions that standard,leads to non-public Company Limited also has a co-author of;the second half Interpretation effect share transfer restrictions from the perspective of the Articles of Association of autonomy,and finally to restrict the transfer of shares to protect shareholders’ s equity of relief channels.