Research On The Issue Of Equity Transfer With Defective Capital Contribution Of Limited Liability Companies In My Country

In fact,the conflict between the rights and interests of the equity capital is not a minority.With the gradual development of commercial activities and the gradual improvement of corporate law,the increasing of equity transfer activity is an inevitable trend.However,the existing laws and regulations are not to be able to get a perfect flaws capital contribution of dispute arising out of stock transfer.From its flawed equity to its constantly being transferred,a series of disputes and legal issues need to be better addressed.Therefore,we through the analysis of the hot issues of existing,from the most basic capital contribution flaw equity problems such as how to definition,classification,research thought and connotation of foreign related legislation,to explore whether has the possibility to draw lessons from.Finally,the author combine the deficiency existing in the current this kind of equity transfer,targeted put forward a series of suggestions to improve the existing dispute resolution mechanism.At least to devote my own slight opinion to help solving the related questions.On the level of legislative construction,we put forward the following observations: Firstly,we need to look face to the special significance of the transfer of stock rights,standardize its transfer conditions,and consider the transfer behavior as far as possible without affecting the efficiency of circulation.It may affect all aspects and clarify the respective rights and obligations of the transferee and the transferee.Second,on the existing regulatory mechanisms,it tries to set up supervision entities to prevent the main body of equity transactions from taking advantage of the convenience of commercial activities to maliciously evade the obligation to invest and the debt of others.At the same time,we believe that clarifying and standardizing the standards for determining the effectiveness of capital-related equity transfer is another key to our better handling of such issues.For a long time,there has been no unified standard for the determination of this effect,which has caused us to have no reference in dealing with such issues,and has made it difficult to deal with and evaluate a lot of stock transfer contracts in practice.Therefore,the criteria for the determination of the buyer,transfer,and creditor's effectiveness of the transfer of the equity transfer will help us to solve the solution.Finally,after fully expounding and analyzing the issues that existed in the transfer of shares,the author made relevant suggestions on the improvement of the recipient's relief channels.In considering the subjective goodwill and objective performance of the transferee,the author gave a certain amount of consent to the transferee,in order to take balance point over transaction efficiency and fairness as far as possible.