The Legal Analysis On Inheritance Of Shareholder?s Rights In The Limited Liability Of Company

In the past 40 years since the reform in 1978,the private economy with independent legal personality has become one of the main market entities.It is an important part of our current economic system,injecting vitality into our economy.In the private economy,limited liability company which was characterized by simple procedures and limited liability have become the majority choice for investors.People have a blessing,and death is an inevitable problem for all.However,limited liability companies will continue to exist in the theory.This will lead to the problem of how to deal with the equity of natural person shareholders after their death.In recent years,due to many factors such as health problem,The issue of equity inheritance caused by death has become a hot spot in corporate law and inheritance law.The equity is a special civil right that contained with property right and status right as two abstract power.The academic and practical circles have always questioned whether the equity which has the status abstract power belongs to legacy or not.The status of the equity only used in the relationship of property.The status of the equity has made a clear distinction from the status of the personal right.Thus equity belongs to the scope of the estate.Since the provisions of the Inheritance Law on matters of inheritance rights changing are mandatory provisions,the company's articles of association cannot restrict or exclude equity succession.However,whetherthe equity heir can obtain shareholders' qualification is related to the company's humanity.Article 75 of the Company Law stipulates that the successor can directly obtain the qualification of the shareholders.Whether the provision is reasonable or not is worth discussing.This article is divided into the following four parts:The first chapter is focusing on the connection and difference between equity and shareholder qualification.By defining the concept of equity and shareholder qualification,it is specified that equity is a comprehensive right and belongs to the conceptual category of property rights.Shareholder's qualification refers to the identity of shareholders in the company.The exercise and realization of equity need to obtain shareholder qualification.Usually,equity ownership and shareholder qualification are the same subject.But it does not mean that equity and shareholder qualifications are the same word.The concept of equity emphasizes the absoluteness of right in order to characterize that equity is inviolable and disciplinary.The concept of equity is often used in the legal relationship of the changing of equity.The concept of shareholder's qualification emphasizes that the civil subject of equity has the shareholder status.The concept of shareholder's qualification is often used in a legal relationship that focus on the recognition of shareholders' status.The second chapter mainly explains that the equity is a property right and belongs to the estate.The equity is different from the personal rights and the equity does not have personal specificity.The status of the equity does not affect the inheritability of the equity.Therefore,equity is contained in the scope of other legal property in Article 3 of the Inheritance Law.Moreover,the equity changes from the time the heir is dead.The company's articles of association don't have the power to restrict or exclude equity succession.The third chapter discusses the question that whether the heirs can obtain shareholder qualification or not.On the issue of inheritance,the heir can obtain the equity according to the inheritance law.The acquisition of shareholder qualifications is closely related to the company's humanity.Article 75 of the "Company Law" stipulates that the heirs can directly obtain the qualifications of the shareholders ifthere is no other special stipulation in the articles of association.However,from the various doctrines of the successor's acquisition of shareholder qualifications and the legislation of various countries,it's more reasonable that the successor can only obtain shareholders' qualification after the consent of other shareholders.The fourth chapter is mainly about the analysis of the specific issues of the company's equity inheritance issue.This paper selects several representative problems in equity inheritance practice and analyzes them one by one.The successor's shareholder qualification has not been approved by other shareholders,which will lead to problems such as how the heirs exercise equity or the number of shareholders exceeds the limit.Therefore,it is necessary to further explain,trying to provide some ideas and insights for the legal application of the company's equity inheritance.