Study On The Effect Of Equity Transfer In The Case Of Revoking Business License

The revocation of the business license is an administrative punishment imposed by the administrative department on enterprises for their illegal acts.China's "Company Law" stipulates that enterprises are prohibited from engaging in all business activities after their business licenses are revoked,but there is no clear regulation on the scope of business activities.Secondly,on the basis of that equity is a special kind of rights,the current theoretical and practical fields still have differences on their identification.Therefore,the company's equity transfer accounts for a high proportion in corporate dispute cases.Among them,the number of disputes involving the impact of the revocation of the business license on the equity transfer also occupies a certain proportion.During the litigation to resolve this kind of disputes,they focus on whether the revocation of the business license will affect the equity transfer effect and so on.Therefore,this paper takes the effect of equity transfer in the case of the revoking business license as the research object,and uses case analysis and empirical analysis to study.Combined with the status quo of China's judicial practice,the author summarizes and analyzes the different concepts of domestic courts in the trial of this kind of disputes.The author also discussed legal consequences of revoking the business license,the understanding of the legal provisions,the legal nature and legal issues of the equity transfer,and proposed relevant suggestions for the completion ofthe equity transfer after the business license is revoked.This article is divided into three chapters to research:In the first chapter,the author analyzes the first and second trials of the equity transfer disputes between Hong Mingdeng and Huang Liming,and finds that,when the company is revoked business license,the effect of its equity transfer has a different judgment in the judicial practice.By analyzing and comparing the two trials,it is summarized that the main legal issues of the equity transfer of the company,that is the effect of equity transfer in the case of the business license being revoked.Then the author summarizes the controversy of the legal issues elicited from the cases in a specific and typed way,which mainly involves four aspects: the restrictions on the relevant legal rights when the company is revoked business license,and its impact on the equity transfer;the disputes over the effective standard of the company's equity transfer;the disputes on the validity and performance of the equity transfer agreement;the validity of the foreign-related equity transfer agreement.The second chapter analyzes the disputes summarized in the first chapter.First of all,the legal consequences of revoking the business license involve the analysis of the restrictions on specific civil rights and the nature of the equity transfer.Secondly,for the effective standard of equity transfer,the author analyzes the nature of equity,and combines with the different views of the current academic circles,then summarizes her own opinions.Furthermore,for the validity and performance of the equity transfer agreement,the author summarizes the nature and effectiveness of the equity transfer agreement by analyzing the purpose of the agreement and the performance of the agreement.Finally,a summary analysis will be conducted on the special phenomenon existing in such cases,namely the foreign-related equity transfer agreement.The third chapter mainly expresses the improvement suggestions for the equity transfer system,which is mainly divided into the improvement of the company registration system and the improvement of the legal effect of the equity transfer.On the one hand,as to the company registration system,the company registration system is subdivided into theoretical and practical operations in structure,and the state of revoking business license and the performance of equity transfer of in content.On theother hand,the legal effect of the equity transfer is subdivided into the issue of the effectiveness of the equity transfer and the effectiveness of the equity transfer agreement.