The Company's Articles Of Association Have Studied The Issue Of Restrictions On Equity Transfer

The company law of our country has both statutory restrictions on equity and the company's articles of association can set up the chapter set limit,but the regulations restrictions are applicable only to a limited liability company,and for what kinds of restrictions can set chapter,what degree of restriction did not express.Therefore,there are many problems in the judicial practice of setting limits on equity in the company's articles of association,such as the practice of the court to protect the free flow of equity often for 71 of the preceding three paragraphs to the equity transfer behavior in accordance with the provisions of the articles of association can not achieve complete.However,the transfer of shares must be transferred in order to avoid the restriction.The behavior of stock ownership is only determined by the articles of association,so as to protect the human rights.At the same time,mode of our country for the company classification only limited company and joint-stock companies across the board,and also lead to limited situation difference and has very high demand autonomy of non public shares of the company not in the Charter for the transfer of shares limited.In this paper,through the analysis of these problems,through the analysis of the value of equity,the company's co-operation,the nature and role of the articles of association of the company charter handicapping reason and legitimacy,article seventy-first of the preceding three paragraphs are applicable to arbitrary norms do not need any special provisions in the articles of association of the company;and the equity transfer is to let nature conflict control the impact and challenge to the people,and the maximum value of the final point of the free circulation of equity property is retrieved,so as long as the relief measures,we should recognize the autonomy of the transfer limit;and the articles of Association of the company set limits should also have certain boundaries,for example,should prohibit the complete prohibition of share transfer restrictions.At the same time,this paper also puts forward how to flexibly solve the conflicts of Corporate human nature and capital rights in the transfer of shares in the existing legal framework.