The Shareholder's Preemption Of The Limited Company

The new company law enacted, comparing with the old law,prescribed more meticulous, enhance the practical operability. However, the new law of corporation's relevant regulations is still a need to perfect, in to the third party when the equity transfer shareholders, other shareholders consent rights and preferential buy right there are conflicts, how to preemptive right exercise and exercise effectiveness stipulations, especially in equity foreign involved in the transfer of identity issues special circumstances it is necessary to preemptive right exercise to how refined. Due to limited liability company human joining the existence of its equity of, not as a stock company equity liquidity strong, with all kinds of limited liability company's business activities in market economy increasingly active, for equity transfer dispute in theory and practice and become frequent subject of debate. According to the comparison, example method, analysis and other methods for limited liability company shares transfer of relevant problems of preemption, analyze and improving Suggestions.This paper are divided into four parts:The first part, the meaning of shareholders priority made to define, combining circles about preemptive right of shareholders of a different nature, analyses the approval and 72 preemptive right on the parallel regulation, according to the provisions of the loopholes and defects existing users, puts forward the perfect paper about preemptive right prescribed communications-related positive Suggestions.The second part , shareholder preemptive right analysis how to exercise, including practice because of fuzzy and regulations enacted easily lead to dispute right exercise conditions, exercise time, exercise limits on this question launched the bigger space.The third part funded in secret, discuss name, equity division of property and inheritance in common and court for enforcement procedures as a special case of the exercise of shareholders preemptive right.The fourth part, with China's company law of preemptive mandatory provisions of articles, analyzes the character of actual company advocates in the operation of the parties should respect more mean, namely the full play in resolving the articles of the role of preemptive right cause disputes.