Research On Bona Fide Acquisition System Of Equity In Limited Liability Companies

The establishment of the bona fide acquisition of equity system in the provisions of the company law of the People's Republic of China(?)promulgated by the supreme people's court in 2011 is an innovation in the field of commercial law.This system introduces bona fide acquisition in the field of civil law property rights into equity transaction,which has certain positive significance for the security of equity transaction and the interests of the third party trust in the market.However,there are still some problems in the system of bona fide acquisition of shares in limited liability companies,such as unclear basic theories and imperfect supporting systems.Starting from the basic nature of equity,this paper expounds the connotation and concrete composition of the system of bona fide acquisition of equity in China,and analyzes the existing value of bona fide acquisition of equity in current market activities.Then it describes the problems that limited liability companies may have when applying the bona fide acquisition of real right system.Firstly,it discusses the shortage of constitutive elements for applying direct reference of stock right to bona fide acquisition.Second,it discusses that the right change system of stock right and real right is quite different,and there is a big difference between the industrial and commercial registration and the real right registration in our country.At last,some Suggestions are put forward to solve the problems found in this paper.At the same time,it is suggested to perfect the appearance basis of rights acquired in good faith,perfect the relevant supporting system,and enhance the public trust of registration.