Research On The Effectiveness Of The Restrictions On Equity Transfer In The Articles Of Association Of Limited Liability Companies

Throughout the Company Law of the People's Republic of China(revised in 2013)(hereinafter referred to as the "Company Law"),it is not difficult to find that it is intended to highlight the legislative gist of "corporate autonomy".At the same time,in the construction of the system,many places have given the "articles of association" of the rules set up space and free scale.However,the author finds that the establishment of many "articles of association autonomy" in the Company Law gives the company certain autonomy and control channels,but the Company Law does not further clarify and standardize the validity of the relevant provisions.This article only ponders deeply on the restrictive effect of the articles of association of a limited liability company on the transfer of shares,and clarifies the original meaning and value of the restrictive effect of the articles of association on the transfer of shares by analyzing the basic issues of the articles of association and the concept and legal nature of the transfer of shares.Through the analysis of the provisions of Article 71 of the Company Law and typical cases,this paper reveals that there are many differences and deficiencies in the understanding and evaluation of the validity of the articles of limitation in the articles of association between the theoretical circle and the practical circle.In order to reconstruct the evaluation criteria of the effectiveness of the company's articles of association on the transfer of equity,in order to provide a more rational and unified judgment path for practical work.