Research On The Legal Effect Of Equity Transfer Of China's Limited Liability Company

The equity transfer of Limited Liability Company refers to a civil legal act in which a shareholder transfers his equity to another person by signing an equity transfer agreement or other means and the transferee receives the equity to enter the company and become the new shareholder of the company.Equity transfer involves the interests of multiple parties,so how to find the balance between the interests of multiple parties has become a difficult problem to be solved in judicial practice.In addition,due to the relatively principle of the legal norms of the equity transfer of limited liability companies,the particularity of the object of the dispute "equity" and the difference of the adjustment of the equity transfer in different department laws,the equity transfer dispute has become one of the difficulties in the judicial judgment.This requires a new review of the equity transfer system and its effectiveness in limited liability companies,a clear typification of equity transfer thinking,and improvement of the specific equity transfer system.The dissertation analyzes the effectiveness of the transfer from four typical types of equity transfer disputes.The first is the effectiveness of ordinary equity transfers.In such disputes,the emergence of equity as a subject of purchase and sale can be effectively resolved by contract law.The typical representative is defective funding.Equity transfer.The second is the effectiveness of equity transfer involving transfer restrictions.The external transfer of equity has an impact on the interests of the company and other shareholders.In this part,the dual mode of restricting the external transfer of equity and the effectiveness of equity transfer that violates the right of first refusal are discussed.The third is the effectiveness of equity transfer involving the interests of a third party,and explores the effect of one-share-two-sale and nominal shareholders' transfer of equity around the system of good faith acquisition.The fourth is the effect of apparent equity transfer.The typical case is equity transfer guarantee,that is,the equity transfer is actually a guarantee.This type has no clear rules so that the judgment is not uniform in judicial practice.The thesis takes judicial cases as the basis for empirical research samples,distinguishes the types of equity transfers,digs deep into the legal rules and legal principles of equity transfers,and draws on the design of useful systems outside the domain,summarizes the laws,refines the types of disputes,and strives to resolve the disputes over equity transfers in China Put forward a powerful and useful solution to build a systematic and typed rule for the realization of the effectiveness of the equity transfer of a limited liability company.