One Study On The Bona Fide Acquisition Of Equity Of LLC

To study the system of equity goodwill acquisition,first of all,it is necessary to sort out the basic theoretical problems of equity goodwill acquisition,and clarify the nature of equity and the theoretical basis of equity goodwill acquisition.There are obvious differences between the nature and circulation of equity and the real right in all aspects.The number and difficulty of shareholder qualification dispute cases have increased sharply.The ownership reference to the good intentions obtained in applicable property law is not clear,but there is no more judicial interpretation or authoritative theory to explain.The acquisition system of good faith in equity is born in good faith in reference to the rights of rights.Therefore,its elements also include the basic components of the system of good faith in property law,such as the right to dispose of good faith in property law,the assignation must be in good faith and without gross negligence,transfer of equity at reasonable price and carry out industrial and commercial registration.The fuzzy constitutive elements are fundamentally due to the unclear mode of equity change based on legal behavior,and the lack of credibility of the public appearance of equity in China.To improve the system of equity acquisition,the first step should be to clarify the mode and node of equity change,and to clarify equity is really changed when recognized by the company.Secondly,to explore different paths,choose appropriate ways as the appearance of rights and strengthen its credibility;The discussion on whether the system of fair faith acquisition of equity can be applied in various situations in practice is still inseparable from the essential characteristics of equity change mode and equity.To better improve the fair acquisition system of equity,we should not only solve the problems that stipulate simple and extensive provisions on the constitutive elements,but also clarify the mode of equity change in theory and legislation,and improve the relevant supporting system,such as the shareholder roll system,the industrial and commercial registration system,so as to enhance the public credibility of equity rights.Only by cooperating with the supporting system in good intentions can we play a better role.