Study On Expulsion Of A Limited Liability Company

Compared to A Joint Stock Limited Company,A Limited Liability Company specific legal structure,making shareholders easier to breed controversy and dissension,which means " personal aspects ".The current Company Law of the People's Republic of China(hereinafter referred to as " Company Law ")to provide a package of conflict resolution,in response to A Limited Liability Company's close corporation disputes,the mechanism of shareholder exit is much more effective and thorough,especially for those not fix " personal aspects ".German law on provided by shareholders exit way are: " transfer of stock right "," the withdrawal of shareholder "," the expulsion of shareholder " and " the judicial dissolution of company ".Transfer of stock right and the judicial dissolution of company as traditional shareholders exit way,the two things have had its application limitations and system short board.In freedom and forced the sequence spectrum,transfer of stock right is the most freely,the judicial dissolution of company is the most forceful,the withdrawal of shareholder and the expulsion of shareholder are between of them.The expulsion of shareholder is a necessary supplement of the withdrawal of shareholder,both is a complementary of each other in function.The four together build a complete shareholder exit mechanism of A Limited Liability Company.From function purpose,the value of orientation program structure and legal consequences on the study,The Supreme Court's some problems provisions three on the applicable of the People's Republic of China Company Law(hereinafter referred to as "Company Law Interpretation(3)")article 17 established shareholders qualifications lift rules in nature should be the case " the Deprivation of Share " terms,non-academic through said that the " the Expulsion of Shareholder " terms.Our " Company Law " only had provisions of the "transfer of stock right "," objection shareholders' equity repurchase claim " and " the judicial dissolution of company ",which has not been established limited liability company shareholders in addition to name system.in the " Company Law Interpretation(3)" article 17 as shareholders in addition to name is based practice should be correct,in theory and practice.Shareholders in addition to name must be in addition to shareholders materially from the subject of the important thing by general by the articles of Association conventions,you can also from commercial law general terms derived.Shareholders in addition to name is theshareholders inherent shareholder rights,may not be limited or deprivation.Shareholders in addition to name does not require in addition to shareholders a fault.Shareholders in addition to the name of shall comply with strict legal procedures.In addition to name by shareholders will be made in addition to name resolution,was in addition to shareholders and may not vote;in addition to name resolution made after,should be to the company's name to the court that in addition to the name of action,judge shall in addition to name for the form and substance review.Be in addition to shareholders the right to its original holding shares to reasonable price get the compensation.Shareholders in addition to the name of reflects the corporate governance in freedom and forced equity,in addition to the name of action in addition to name resolution,in addition to the name of the subject and price assessment is Justice involved in the main situation.