Legal Research On The Inheritance Of Equity

The present Company Law of our country stipulates two kinds of company organization form,the joint stock limited company and the limited liability company,the former has the "open" characteristic to decide its stock right may freely transfer and inherit,The latter's "closeness" limits the transfer and inheritance of its stock right.This paper will study the related problems of equity succession from the perspective of limited liability company in detail.Equity inheritance is essentially still the inheritance of interest,but it is not fundamentally different from other forms of property inheritance,but because of the special nature of equity,Therefore,it is impossible to transfer the property directly to the heirs after the death of the heirs.The main obstacle of equity inheritance lies in the human union of limited liability companies,which is embodied in the harmonious and stable relationship between shareholders.Therefore,whether the other shareholders of the company are willing to accept the successor of the deceased shareholder as the new shareholder of the company depends to a great extent on the addition of the successor to the limited liability public.What kind of impact will the company have.Of course,this kind of "human nature" is also subject to the property attribute of equity and limited liability company's "jointness of capital",which cannot fundamentally shake the inheritance of stock right.This is also in line with the legislative purpose of Article 75 of the Company Law.However,if the natural succession of the approved shareholders' qualifications is granted,and if the new shareholders do not need the consent of other shareholders to join the company,it will easily undermine the company's original stable relationship and affect the long-term development of the company.In a word,equity inheritance not only protects the interests of heirs,but also protects the rights and interests of the company and other shareholders,which is a problem of balance of interests.This paper is divided into five chapters,three parts.The first part is the first chapter,which is the basic theory of equity succession and the analysis of Article 75 of the Company Law,the second part is the second chapter,the third chapter and the 4th chapter.The third part is 5th chapters.According to the above related theory and the analysis of the special problems,the author puts forward some suggestions to perfect the system of equity succession.This part is divided into four sections.The first section briefly introduces the object ofthe general inheritance relationship.The second section analyzes in detail the particularity of the equity inheritance,which lies in the special nature of the stock right itself and the "joint nature" of the limited liability company,and then puts forward the special problems existing in the current equity succession system.Section 3 and section 4th are the comments on Article75 of the Company Law.Firstly,the rationality of the Article is evaluated,and then the rationality of the term "shareholder qualification succession" in the Article is analyzed.The second part,the special problems in equity succession,including chapter two,chapter three and chapter 4th.Chapter two deals with the succession of many people or no one,and analyzes in detail that the deceased shareholder has multiple heirs.The succession of shares when the heirs and heirs give up succession.Chapter III deals with the succession of shares of special subjects,including the succession of shares if the successor is a person with no capacity for civil conduct or a person with limited capacity for civil conduct,Chapter 4th is about other special problems in equity succession,which are divided into three sections:testamentary succession of equity,legal inheritance,bequest and maintenance agreement of bequest and bequest.And foreign equity inheritance.In the third part,there are three sections to improve the system of stock ownership inheritance.The first section is to improve the protection of the rights of dissenting shareholders.The second section is about the detailed analysis of the special problems in equity succession and the suggestion to perfect the ownership of shares under certain circumstances.The third section is to propose to further standardize the articles of association of the company.This paper analyzes in detail the effectiveness of the provisions of the articles of association in different stages on the issue of equity succession,and then discusses the extent to which the articles of association may restrict the succession of shareholders' qualifications.Finally,it is suggested that the relevant departments should provide the model articles of association.