Research On Legal Issues Of Equity Withdrawal After Rural Land Management Right Becomes A Shareholder Of Limited Company

Under the background of "separation of the three rights",it has become one of the important ways to develop modern agriculture to invest the right of rural land into a limited company.According to the basic principle of national land transfer and the existing practice mode,the limited company here is generally limited to the agricultural land stock company.In the practice of shareholding,the equity withdrawal of rural land management right after it becomes a shareholder of a limited company is more important to farmers’ rights and interests.The particularity of rural land management right from other non-monetary assets lies in: First,it is difficult to change the price of land management right;Secondly,land bears the function of basic living guarantee,and farmers’ shareholders have a high degree of dependence on land,lack of scientific and technological experience and management experience,and relatively weak risk tolerance.If they simply take the land management right as the company’s property to participate in the company’s operation or the liquidation of responsible property,it is bound to increase the risks of farmers.Therefore,in the practice of equity withdrawal,the articles of association of the company mostly make specific provisions on the procedure of peasant shareholders’ withdrawal from the company,so as to realize the orderly operation of the company on the basis of safeguarding the balance of interests among peasant shareholders,other non-peasant shareholders and creditors.This paper analyzes and summarizes the problems existing in the process of farmers’ shareholders withdrawing from the limited company based on the practice of equity withdrawal of rural land management rights in Wujin District,Changzhou City,Nanhai District,Foshan City and Huannan County,Jiamusi City.As for the equity transfer of rural land management rights after the investment,China’s laws implement strict restrictions,conditions are too prudent,and there are certain conflicts in the provisions of relevant laws on the scope of the subject,so it is difficult for farmers shareholders to protect the land or shareholders’ rights and interests through the equity transfer.Share buyback will destroy the balance of interests between peasant shareholders and other non-peasant shareholders as well as creditors,and the law of our country does not clearly stipulate the risk countermeasures of corporate capital reduction when farmers leave the collective economic organizations or the agricultural land they become shareholders of is expropriated and requisitioned.In the practice of corporate bankruptcy,there are conflicts in the application of laws,the contradiction between the duration of rural land management rights and the sustainability of corporate operation,and the imperfect guarantee system for the withdrawal of farmers’ shareholders will cause difficulties in the price of land management rights,and the bankruptcy disposal will lead to land risks and other problems.To sum up,due to the characteristics of agricultural land stock limited company,in order to balance the interests of the farmer shareholders and the interests of the company’s creditors,it is suggested to further improve the relevant provisions at the legal level: for the disposal of the rural land management right included in the debtor’s property,the farmer shareholders should be given the priority right to repurchase;The exit restrictions of farmers’ shareholders should be relaxed appropriately.In order to avoid unfavorable management of the company and damage to the rights and interests of farmers’ shareholders,the provisions of the duration of land management rights should be clarified.Reduce the risk of farmers’ shareholders losing their land and improve the rights and interests protection system of farmers’ shareholders in the withdrawal stage.