Research On The System Of Delisting Shareholders Of Limited Liability Companies

As the "Company Law" changed the actual payment system for the registered capital of a limited liability company to a subscription system,the threshold for company establishment was lowered,which led to more and more companies being established.Although the establishment of the company can promote economic development,it also brings many problems.For example,the interests of the company are balanced with the personal interests of shareholders,and some shareholders have acted in a way that harms the interests of the company for the sake of private interests.The shareholder made some damage to the company's interests without actively exiting the company through equity transfer,share repurchase,etc.,resulting in a deadlock in the company's operations.Although this problem can be solved through judicial dissolution,the judicial dissolution route is undoubtedly too costly.IIn order to better solve the company's deadlock without judicial dissolution of the company,the shareholder delisting system can be applied to solve the problem by delisting shareholders.However,in the current legislation,the shareholder delisting system is only provided in judicial interpretation,and there are imperfections in both the entity and the procedure.For example,the shareholder delisting system only stipulates two reasons for delisting,the procedural provisions are not specific enough,and the legal consequences are not perfect,which has led to disputes over the application of the system by the company in practice and the judicial organs' trial.Therefore,in order to better play the role of the system,the author uses theoretical and practical methods to analyze the system.First,a brief overview of the delisting of shareholders,distinguishing the delisting system from other withdrawal mechanisms;secondly,an analysis of the current shareholder delisting system and a summary of the problems that arise when the system is applied in practice;finally,combining the national conditions of China and drawing on foreign experience The system puts forward suggestions for improving the delisting reasons,procedures,legal consequences,and relief.I hope that it will attract the attention of legislators and contribute to the improvement of the system.