Research On Legal Issues Of Shareholder Qualification Inheritance In Limited Liability Companies

Article 75 of the “Company Law” states: “After the death of natural person shareholder,the legal heir may inherit his shareholder's qualification;except as otherwise as provided in the articles of association.” The “Company Law” clearly stipulates that the shareholder qualification can be inherited,but the provision is too simple and general.Some details of the issue related to the succession of shareholders are not specified.For example,how to establish some principles are more suitable to practice operation.Is it possible to inherit when a special situation occurs? How to inherit?This paper will analyzes the related issues of inheritance to shareholder qualification of the limited liability company in the following four parts,and makes some suggestions aiming at these problems.The first part starts with three cases,analyzes the controversial focus of the case,leads to the dispute about the inheritance of the shareholder's qualification in practice,and analyzes the cause of the problem.The second part mainly analyzes the present legal situation of inheritance to shareholder qualification in a limited liability company according to the provisions of “Inheritance Law” and “Company Law”.The paper expounds the deficiency of legislation from an objective point of view.The third part mainly introduces and analyzes the shareholder qualifications inheritance in the two foreign law systems and the study of revelation legislation to our country in this regard.The forth part is the combination of the preceding parts,aimed at the problems in legislation and judicial practice put forward relevant Suggestions and perfect measures,clear in the face of the shareholder's qualification should be followed the principle of inheritance.