Research On The Delisting System Of The Limited Liability Company In China

LLC has both co-owned and co-characteristics,the human resource has a high demand for the good realtions and cooperation between the shareholders of the company.When shareholders have estrangement,the good coordinated soil is destroyed,so LLC create governance issues.Some malicious shareholders and centrifugal shareholders esist to endanger the existence of the company.They bring unstable factors and destroy the internal relationship between the company shareholders.In order to make the company develop normally and maintain the collective interest,so must expusion these shareholders.The company law of China provides equity transfer of ownership,repurchase shares for the company,judicial dissolution and other shareholders out of the way.But these three kinds of way to leave the company of shareholders have shortcomings.For the deadbeat shareholders,equity transfer and repurchase in the company are not successful.The judicial dissolution of the company the way the price is too high,should not be used.So shareholders delisting system is a sharp weapon to resolve the problem of corporate governance.The delisting system of shareholders is a good tool to solve the problem of corporate governance,and has its unique advantages.It is the complement of the above three kinds of shareholder exit mechanism.The Supreme People's Court promulgated in 2011 the interpretation of the company law(3).It has established the explusion system of our country.However,it has only a few figures of this provision and can not fully cover the rich connotation of the expulsion system of shareholdersThe consequences from the fuzzy problem.China's expulsion of the provisions of the system is too simple,not enough to guide the solution of the problems in judicial practice.Based on this,the author thinks that we should improve the system of shareholder's expulsion of the LLC as soon as possible.