Study On The Issue Of Equity Acquisition Of Limited Liability Companies In Good Faith

The Acquisition in Good Faith is part of the step of spreading rights.It has achieved considerable results in the practice of China's "Law on Property Rights." The issue of whether stock right can be used in goodwill obtaining system and how to apply it has been resolved by "Company Law Judicial Interpretation III" of the supreme people's court in 2014.This article attempts to obtain a judgment in goodwill obtaining system by collecting Legal judgements,establish a sample model and cluster analysis,The empirical analysis shows there are no theoretical foundations for article25 of the "Company Law Judicial Interpretation III".According to this,only 27 articles obtained in goodwill obtaining system in "Sold two shares".In the case of "Sold two shares",there is a practical predicament in the Secondary disposition of rights in practice.uniform standard between law and practice have not been found in protecting which kind of gains.To solve this problem,it is necessary to clarify the rules for the circulation of stock right,unify the double formula model of stock right in "border adjusted.",and strengthen the credibility of industrial and commercial change through supporting systems such as the objection registration system and the contract registration formula system,as the only way to publicize the equity formula;and Correspondingly,preemptive right of shareholders was changed from the right of ex post to the right of ex ante.The change of equity without the consent of the company would not take effect.At the same time,in constructing the equity acquisition system in goodwill obtaining,it is necessary to consider the constituent elements of the acquisition system in good obtaining,refine the criteria for good faith judgment,and construct specific rules for the application of equity acquisition in goodwill obtaining system.