On The Transfer Of The Rights Of Shareholders In A Limited Liability Company

The transfer of the rights of shareholders in a limited liability company is an important system of the company law. Comparing to the company legislation of main countries (and regions) in the world, the design of transfer system of the rights of shareholders in a limited liability company stipulated in the Company Law of our country is oversimplified and too idealized and even with some legislative conflicts, because of the specialty of the political and economical life at the legislative period and the backwardness of legislative concepts and legislative technology and method. With the quick development of the market economy of our country, the regulations about the transfer of the rights of shareholders in a limited liability company in the current company law system of our country could no longer play a good role of promotion but conversely form an obstacle to the development of the subjects of the market economy. Shareholders'maximum pursuit of capital benefit, self-protection of the investment security, demanding of control rights of a company and the requirement of contending of medium and small shareholders with large shareholders are all urgently requiring the company legislation to have a reasonable arrangement in the transfer system of the rights of shareholders in a limited liability company. Therefore, from the viewpoint of law of comparison, comparing legislations, regulations and legal practices of main countries (and regions) in the world, combining legal practices and theoretical achievements of our country, this article carries out a systematic research on the transfer system of the rights of shareholders in a limited liability company and provides suggestions for the legislation modification of the transfer system of the rights of shareholders in a limited liability company.