Research On The Legal Issues Of Equity Transfer In Limited Liability Companies

In 2013,China's "Company Law" was revised Since then,the company's registered capital has no longer implemented the actual payment system,and the changed capital contribution method adopts the subscription system.In the past six years,under the new subscription system model,the "Company Law" has played a positive role in stimulating market vitality.At the same time,it also exposed some drawbacks.The system of subscription allows shareholders to make full payment after the establishment of the company and cancels many restrictions on the capital contribution process,giving the funders more freedom,which also paves the way for more shareholders.Among the many forms of enterprise ownership,most of the subjects that are frequently funded are limited liability companies,and this article focuses on limited liability companies.By surmiarizing the common problems related to the equity in the practice,and combining the existing relevant theoretical views,the legal issues involved in the equity transfer are explained in detail As China's current legal regulations on such issues are relatively few,there are certain deficiencies in the existing legal provisions.This paper hopes to make up for China's "Company Law" by asking questions,researching problems,and finding effective ways to solve problems.The lack of provides a certain theoretical support.The following is a brief summary of the main content of the article:First of all,this paper takes the proposal of the issue of equity transfer as a starting point,and briefly introduces the research significance,research methods and research background of this paper.After defining the relevant concepts,this section focuses on whether the disputed capitalist shareholders in the theoretical circle can obtain the shareholder qualification.This article affirms and discusses the shareholder qualification.This issue is the basis for studying other issues,and it can also play a decisive role in other issues.The research is of great significance.Secondly,the most important thing in the transfer of equity investment is the issue of contract validity,and the validity of the contract is controversial in theory.There are four theories that are common in theory:effective,invalid,distinguishable and revocable.By analyzing the shortcomings in each doctrine,this paer summarizes the legality and rationality of the revocable doctrine.Thirdly,once the equity transfer occurs,the transfer of ownership involves responsibility,which is the core issue of this paper.Combined with China's current domestic legislation and judicial status,the article gives a detailed and detailed explanation of the different responsible subjects and the ways of taking responsibility,and summarizes the shortcomings of China's existing system in this respectFinally,in view of the above-mentioned deficiencies in our country's legislation and judicial interpretation,we put forward our own academic suggestions and practical suggestions for the revision of our legal system in the future.