Research On Legal Issues Of Equity Transfer In Real Estate Company

With the development of the real estate industry,the demand of land is increasing constantly.The phenomenon that the real estate company transfers the land use right in the way of equity transfer is relatively common.Its essence is the equity transfer in the sense of the company law,which is the performance of the shareholders of the limited liability company to exercise the legal rights,and the company law,tax law and other relevant provisions should be applied.Although it has the benefits of obtaining high profits and avoiding legal risks,it should still be considered effective and valid and should not be regarded as "lawful obscuring of illegal purposes".It has the advantages of conciseness,quickness,and diversion of risks.It promote the optimal allocation of land resources and have a positive social significance Judgment of the validity of legal acts should weighs the mutual interests of both parties and their impact on the public interests.Judicial procedure is quite different.The equity transfer of both sides should pay attention to their conduct.The transferor should achieve equity transfer conditions and perform well,the transferee should do well in the early stage of the investigation,strengthen transfer process monitoring.The related departments should balance the interests of the state and the real estate company better to guide and promote development of the real estate industry and prevent the extreme behavior of one size fits all.In addition to the introduction and conclusion,the article is divided into three chapters:The first chapter makes the necessary distinction between the equity transfer and the transfer of land use right of real estate company,the particularity of the real estate company and the reasons why the real estate company choose to transfer the land use right by the way of equity transfer,and analyze the current typical case and the referee mentality.The second chapter analyzed the legal problems;The third chapter the author from the perspective of equity transfer involves different behavior subjects are proposed,and emphasizes the social and public interests and balance the interests of the parties to the contract,in order to play an active role in the real estate industry and economic development.