Discussion On Affirmation And Disposal Of Equity Transfer Disputes In A Limited Liability Company

As an important way of equity circulation,equity transfer is increasingly favored by shareholders and investors,because it won't interrupt normal management and it is good for the transferee to enter into a company at low costs and high efficiency,etc.However,a limited liability company is equipped with the stronger characters based on shareholders,so equity transfer of shareholders in a limited liability company is strictly limited by law.Such a limitation increases probability of equity transfer disputes to some extent.Reviewing relevant legislation of equity transfer system in China,the Company Law in China proposes some stipulations on the equity transfer system in a limited liability company,but it has few principles and may be lagging behind.In addition,disunity of instructions in local high courts results in chaotic judicial practice.Though the successive introduction ofStipulations(III)on Several Problems in Company Law of the Peoples Republic of China from Supreme People's Court and Stipulations(IV)on Several Problems in Company Law of the Peoples Republic of China from Supreme People's Court relieves the above-mentioned problems to some extent,relevant stipulations are still difficult to be complete,thus it is necessary to further clarify.Based on the background,the author concerns affirmation and disposal of equity transfer disputes in a limited liability company.By recording trial cases relating to equity transfer in a limited liability company,the author analyzes problems faced by affirmation and disposal of equity transfer disputes and proposes some opinions on some issues by combining with previous research achievements.This dissertation mainly comprises of three Parts.Part one: the author analyzes existing stipulations on affirmation and disposal of equity transfer disputes in a limited liability company.First of all,based on 108 cases relating to equity transfer disputes,the author looks for primary causes for equity transfer disputes in a limited liability company from judicial practice.Secondly,the author analyzes existing stipulations on equity transfer disputes in a limited liability company.In the section,the author analyzes the Company Law and instructions of some local high courts on the Company law,as well as relevant stipulations on equity transfer system in judicial explanation of the company law,studies the positive and existing problems in the current equity transfer system of China,and puts up with recommendations on improvement.Part two: The author talks about self-criticism on affirmation and disposal of equity transfer disputes in a limited liability company from juridical practice.Firstly,the author conducts academic analysis on several common dispute types in equity transfer,clarifies existing mainstream ideas in the current academic circles,and analyzes rationality and shortcomings of different opinions.Next,by introducing typical cases,the author concentrates on analyzing the phenomenon that “different judgment on the same case” in judicial practice and deep causes.At last,by combining with theoretical perspectives and comprehension on judicial cases and balancing benefits of all parties,the author explores approaches to deal with similar cases.Part three: the author proposes some suggestion on perfecting affirmation and disposal of equity transfer disputes in a limited liability company.The author firstly elaborates construction of equity transfer system in a limited liability company,as well as basic principles of dispute affirmation and disposal.Next,based on previous studies,the author summarizes some opinions and comes up with specific suggestion on affirming and disposing equity transfer disputes in a limited liability company.