A Study On The Shareholder Removal System Of Limited Liability Companies

The delisting of shareholders of a limited liability company means that the company,in accordance with the law or the company's articles of association,removes the shareholders who violate the regulations from the company by holding a shareholder meeting.At present,judging from the laws and regulations of various countries in the world,the delisting system has developed from a partnership to an unlimited,two-part company.This system has formed a systematic system in many countries.However,this system still has many shortcomings in our country and needs to be further improved.This system is not stipulated in the company law of our country,but mentioned in the Article 17 of Judicial Interpretation 3.It is relatively simple and lacks or is vague in terms of applicable conditions and procedures.The delisting system is an effective measure to protect the interests of the company and shareholders,ensure the authenticity of capital,break the company's dilemma,and restore the harmonious relationship between shareholders.Therefore,we should focus on the shortcomings of this system,strengthen research,enhance the integrity and operability of this system in our country,so that it can truly play its value.This article is prepared to be divided into five chapters to explain the system.The first part is the introduction.Through studying the literature,I summarized the significance of the shareholder delisting system research and made a simple literature review.Finally,I explained the research methods of this article and left a preliminary impression on the system.The second part is to explain the general theory of the system.This part mainly elaborates from the perspective of attributes,theoretical basis and functions,and pave the way for the analysis of subsequent problems and the suggestion of improvement.The third part is an analysis of the existing regulations of this system in our country.This part mainly discusses the legislative background,legal structure and specific problems of this system in our country.The fourth part examines the regulations of the system outside the territory.This part starts with Germany and the United States,introduces the system evolution of the shareholder delisting system in the two countries and the specific provisions in the laws of the two countries,and summarizes the laws of Germany and the United States.The enlightenment of the delisting system to our country.The fifth part is the last part of this article.This part mainly focuses on the issues raised in the third part,draws on the extraterritorial provisions of the fourth part,and draws suggestions based on the actual situation of our country.It mainly applies from the entity,procedure and the joint liability system with the sponsor The three aspects of the order are respectively proposed for improvement.