Infringement Of The Issue Of The Pre-emptive Rights Of Shareholders Of Limited Liability Companies

The system of preemptive right of shareholders is established for the transfer of equity to the shareholders of a limited liability company. The purpose is to maintain the stable operation of the limited liability company and protect the interests of the shareholders. When a limited liability company set up in the first is based on mutual trust relationship among shareholders, want to protect the trust relationship, you need to to the new shares to shareholders to choose more stringent, so as not to new shareholders upset by the inclusion of the internal structure of the original company, destruction of good relationship of trust between the shareholders. How to strictly control the third people to become the company's shareholders, the right to give priority to the purchase of the shareholders to give the greatest degree of protection. With the continuous development of social economy, more and more small and medium-sized enterprises, how to protect the shareholders' right to purchase the priority of purchase is more important. However, in the "company law" and other relevant laws and regulations for the purchase of the right to the shareholders of the company is very few, for the relief of the rights of the shareholders to infringe upon the right to purchase is no relevant provisions. But more and more violations, making shareholder's preemptive right is useless. Faced with the defects of the legislation, scholars began to think about the effective ways to solve them. In this paper the author analysis of shareholder's preemptive right the basic problems, in-depth analysis of the violations of the specific form of priority right of shareholder and on the contract signed in tort case validity problems are studied, and is a violation of the right of first refusal for how to remedy the present simple views.