A Study On The Limited Company's Shareholder Expulsion System

Problems and contradictions are inevitable in the company's business process,and it is crucial to find and solve the existing problems in time.The Chinese Company Law provides a variety of ways for companies and shareholders to resolve the conflicts,such as equity transfer,judicial dissolution,etc.These systems have inherent advantages,but there are also some deficiencies,such as a company's shareholders have the risk of evading the company's interests.In the course of the act,if judicial dissolution is adopted,it may violate the principle of fairness and justice,and lead to new contradictions.The “Company Law of the People's Republic of China'(?)can be regarded as the initial creation of the limited company's shareholder expulsion system in China,It can effectively solve the problem that the company causes damage to the company when some shareholders withdraw their capital or fail to fulfill their capital contribution obligations,and better safeguard the legitimate interests of the shareholders and the company.However,due to its rough regulations,the operability is not strong in practice,and it can not meet the current social development needs of China,and it is urgent to improve.This article is divided into three chapters:The first chapter will elaborate on the concept and development background of the limited company's shareholder expulsion system.The shareholder expulsion system is a system that forcibly deprives shareholders of their qualification through specific procedures in the occurrence of specific situations.It can effectively balance the interests of the company and shareholders,Realize the company's social cooperation and improve the shareholder withdrawal mechanism.Nowadays,many Western countries have established the shareholder expulsion system suitable for their own countries,However,the limited company's shareholder expulsion system in China is relatively blank and urgently needs to be established and improved.The second chapter mainly analyzes the problems existing in the practice of deregistration system of shareholders of the limited companies in combination with relevant specific cases.China's current shareholder delisting system is relatively simple and rigorous because of the prescribed delisting.and its operability in judicial practice is not strong.This requires not only the legal application of the specific application of the current shareholder delisting system,but also the provisions of the company's articles of association.At the same time,after the shareholders removed,it is also prone to problems such as business registration barriers.In addition,the current provisions on the application and application procedures of the shareholder delisting in China are relatively blank.For example,whether it is necessary to carry out the necessary preannouncement when delisting shareholders,and whether to exclude shareholders when voting on the delisting of shareholder whether voting rights and shareholder delisting must be applied to the proceedings.The third chapter will propose the corresponding improvement measures and suggestions based on the deficiencies exposed by the shareholder expulsion system mentioned above.For example,shareholders can set necessary terms for the shareholders' capital contribution in the investment agreement,and the shareholders' equity disposal method should also adopt the best method according to the specific situation after the shareholder expulsion.At the same time,the necessary pre-notice procedures should be carried out when the shareholders are removed.The shareholders should perform the necessary relief procedures and remediation deadlines if they are not properly named.