Research On The Bona Fide Acquisition System Of Limited Liability Company

With the deepening and development of social and economic development speed accelerating,"equity" gradually become important forms one kind of social wealth,and the carrier of equity of a company as a limited liability company,is developing in the market one of the most important commercial organization form,because equity has the property of transferable,it formed a good fit is a limited liability company business subject of relative stability and income,have comparatively good liquidity.In the process of equity transfer in order to improve the efficiency of trading activities,to ensure that the transaction security,set a legally able to guarantee the efficiency and safety of these two projects the implementation of the system is particularly important,in order to achieve the efficiency and safety,to realize equity trading convenience and security.Officially announced in 2011,the corporation law of the People's Republic of China,judicial interpretation(3)the good faith system specified in the first time,this regulation has been controversial since published,some scholars believe that limited liability company shares in its nature,good faith the applicable scope,equity change pattern,the constituent elements of unfavorable apply good faith system,around the judicial level differences,and because of the equity transfer in good faith system to solve some equity transfer problems in the limited liability company,does not have very good positive role.In judicial practice,however,the complicated limited liability company shares transfer dispute urgently needs a kind of system in the process of solving equity transfer properly protect the legitimate rights and interests of all of bona fide assignee,equity,and equity bona fide acquisition system for safe,practical and solve these disputes can play a decisive role.At present,the good faith system of the definition,standards,scope of application,factors in the regulation of our country,there is no comprehensive and accurate,thus promoting equity in good system still has good standards of authenticity,industrial and commercial registration,the interests of the parties rights main body balance,and other issues.This paper tries to explore the judicial practice in the face of a few kinds stock transfer disputes,comprehensive analysis in the process of the company in solving the cases how to apply to bona fide acquisition system and use good faith system dealing with the legal risks and perfect measures.