The Preemptive Right Of Shareholders

Since China's economic system reforms,it has gradually shifted from a planned economic system to a market economic system.This is based on the historical status of the new era,the main contradictions in society and the development goals.The market economy system has brought new vitality to such civil subjects of the company.With the development of transactions and the continuous promotion of policies,the number and types of companies are also increasing,and the number of equity transactions has also risen sharply.The inevitable result of this is that the pre-emptive rights of other shareholders of the limited liability company become more and more important.This article starts with a case that once caused a sensation related to the preemption rights of other shareholders of a limited liability company,using comparative analysis,case analysis,historical analysis,legal interpretation,etc.analysis.This article is divided into four parts: the first part introduces the basic theory of shareholders' right of preemption.Here,the author mainly introduces and analyzes the concept,attributes and theoretical basis of shareholder's preemptive right,in order to clarify the connotation of shareholder's preemptive right,and pave the way for the following writing.The second part describe the basic situation of “Land case on bund of Shanghai case”,and analyzes the dispute's focus: whether the behavior of the stockholders' equity transaction infringes the plaintiff's right of first refusal;how the validity of the stockholders' equity contract should be determined.Then it analyzes the legal principles behind the focus of the dispute.In the third part,we use the above-mentioned legal principles to make specific analysis of the case.Through the analysis of the case,the deficiencies in the system of shareholders' preemptive right were identified.In the fourth part of this article,put forward the Suggestions of perfecting our country's current shareholders preemptive right system,such as clarifying the notification content of notification obligations,determining the way for third parties outside the company to enter the company,and improving the safeguard measures for the preemptive right of shareholders.