The Analysis Of The Judicial Function Of The Equity Buy-back Agreement Disputes

First,this article makes a introduction of the transaction function of the equity buy-back and the regulate of the equity buy-back in the Chinese Company Law.As the necessity of the circulation of capital,the Limited Liability Company is a comparative enclosed system,there is contradiction between the necessity of circulation and the nature of the closure.On this base,The Limited Liability Company's capital could not sufficient liquidity,so the development of this kind of company would be limited.In order to active the capital,we need to expand the range of equity buy-back without violating the existing legislation.Second,this article explained two kinds of claim right:One is ruled in the Chinese Company Law and another is based on the repurchase agreement.Thus discriminate the right to claim equity buy-back on the ground of the Chinese Company Law from the repurchase agreement agreed right to claim equity buy-back.As this two kinds of claim right have different bases,they may give rise to different disputes.Such as,instead of the repurchase agreement agreed right to claim equity buy-back,the right to claim in the Chinese Company law does not need an valid repurchase agreement.Finally,the writer surfed in “the Net Of Verdicts”,then used “repurchase agreement on equity buy-back”as the key words.And analyzed relevant verdicts about right to claim equity buy-back agreement agreed.And gave the risk undertaker—— shareholders some advice to avoid this in the legal framework.