Research On The Limitation Of Equity Transfer By The Articles Of Association Of Limited Liability Company

The equity transfer of the limited liability company not only involves the change of the number of shareholders,but also the stability of the company.Because our country company law conducted a series of changes in recent years,and the modified direction is to give the company more rights,namely allow companies to "otherwise stipulated by the articles of association,from its rules" approach to achieve the purpose of autonomy.For equity transfer of limited liability company,I has carried on the related regulations "company law" the 71 th,while the 4th give greater rights to the company's articles of association,as a result,at the beginning of the company,shareholders in order to maintain the company close sex,tend to limit the equity transfer by the company's articles of association,so as to ensure the stability of the shareholders of a company staff.But our country company law and its subsequent judicial interpretation is not explicit limits of autonomy in the articles of association of a company,it also causes in the process of practice,often appear some restrictions on equity transfer is not reasonable to the articles of association of the company.In this article,therefore,the company law to expand the company's articles of association of the limits of the autonomy of the background,to discuss the company's articles of association that practice common limitations to the effectiveness of the equity transfer clauses and the company equity transfer reasonable boundary.In the process of completing the article,the author has consulted a large number of documents and relevant judicial precedents,and also observed and summarized this aspect in the process of internship.The author found that due to the different business environment and company type of the company,the way of restriction on equity transfer is also different.So,the author in this article summarizes the most common several types,namely the transfer ban,forced removal shareholders and by modifying the articles of association to limit a transfer,and effectiveness of the above types are discussed in this paper.The judgment on the validity of the restriction clause should be taken from different angles.On the one hand,it should consider whether there is any restriction on the interests of shareholders.On the other hand,it should be fully integrated with the needs of the company.In addition,the author thinks that,for the company's articles of association to limit the effects of equity transfer are different points of view,is largely due to the company or sex and a conflict between shareholders of its exercise.At the end of this article,therefore,respectively from the coordination of company and shareholder interests,build the articles of association autonomy boundary and to put forward suggestion to improve the equity transfer program,so as to maintain the balance of company human requirement with the needs of the transfer of equity shareholders.