Research Onf Legal Issues Of The Defective Equity Transfer Of Limited Liability Corporation

The Company Law amended in December 2013 has established the full payment system of the company's registered capital in China.To a large extent,the facilitation of investment has greatly stimulated the investor's enthusiasm for investment and has made investment mode more flexible,promoting the efficiency of the capital.It is no longer illegal for shareholders not to make registered contributions.The amount of registered capital,and the proportion of subscribed capital and the term of payment may be agreed by the shareholders themselves.But at the same time,the system may bring big impact to the laws and regulations in theory and in practice.At present,our society has not yet established a complete set of credit evaluation system,and fully subscribed registered capital system,it may increase shareholder capital contribution flaw situation.This paper can be divided into five parts.The first part mainly introduces the concept of "defective equity",its characteristics and classification,the basic concept of defective equity characteristics,and so on,expecting to have a comprehensive understanding of the defective equity.The second part analyses the transfer of defective equity.To discusses defective equity transfer problems,first of all,we should explore qualification problem of the defective equity shareholders.At the same time,to discuss the rationality of the transfer of the defective equity.Then,to discuss different ways of defective equity transfer.The third part of this paper mainly elaborates the effect of defective equity,mainly the effect of the transfer of the defective equity agreement.The fourth part of this paper mainly introduces the non-agreement transfer of defective equity.At present,the research on the transfer of defective shares mainly focuses on the issue of the transfer of defective shares,which is seldom involved in the non-agreement transfer of the defective shares.This section for the agreement of the transfer of defective equity two main case,namely the drawbacks of equity segmentation problem caused by divorce and defects caused by inheritance and equity transfer issue corresponding interpretation,And point out the existing problems.The last part of the thesis is based on the problems encountered in the process of the current defect equity transfer.In a word,the research on the issue of defective share transfer is of great practical significance.However,the current law on this issue is not comprehensive,and the feasibility of some provisions is still to be discussed.This paper makes a brief analysis of the problem,and expects to make a contribution to the improvement of the problem.But at the same time,the author knew their research level and ability is limited,the choice of perspective and see the depth of the problem will exist the problem of insufficient,I dedicate this article,the author expect to cause everyone's thinking.