On The Limitation Of Share Transfer In Limited Liability Company

The scale of limited liability company is small,and the shareholders usually set up a limited liability company based on the trust relationship.The shareholders of limited liability company enjoy the company's equity after obtaining the shareholder's qualification.As a kind of membership right,shareholders enjoy the right of self-interest and common interest on the basis of holding equity,which is,the right to request dividends and participate in the operation of the company.Therefore,equity has certain characteristics of property rights,and shareholders have the right to dispose of equity.Share transfer of a limited liability company is divided into internal transfer and external transfer.When equity is transferred within the company,the human compatibility of the company is not destroyed.When equity is transferred outside,the human compatibility of the company is destroyed.The company law restricts it in a series of ways.From the perspective of the articles of association of the company,this paper studies the restrictions on the transfer of equity in the articles of association of the company.The main contents are as follows:Chapter 1 mainly analyses the constitution of the limited liability company and the nature of equity,and discusses the legitimacy of restricting the transfer of equity in the articles of association of the limited liability company from a theoretical perspective;Chapter 2 mainly summarizes the restricted shares in the articles of association of the limited liability company from the perspective of the articles of Association Chapter three mainly retrieves cases with the keyword of "equity transfer disputes",summarizes the court's judicial views on such cases,combs and summarizes the disputes and practices caused by limited liability companies restricting equity transfer in the practical circles;Chapter four mainly studies the legislation of restrictions on equity transfer in the articles of association of foreign companies,choosing Germany,the United States and the United States.Japan's three countries have studied and sorted out the foreign company law,trying to summarize the provisions that have reference significance for our country from the provisions of foreign countries;Chapter V mainly aims at the problems summarized in Chapters ? and ?,and puts forward some thoughts to solve these problems.