The Withdrawl Right Of The Shareholders In The Limited Liability Company

A company is a juridical association, established in accordance with law by some shareholders for the purpose of profit.As one of modern company important forms, the limited liability company's unique superiority receives the multitudinous investors' favor from establishment to present. However, the minority shareholders in the limited companies suffer much more difficulties than the shareholders in the joint-stock companies. Opposite in practices in the complex company, can appear unavoidably somewhat lacks the ability to do what one would like, moreover its legal rule itself is not comprehensive and has not strong feasibility and so on, these also causes that withdrawal right can not achieve the original intention when it set up.Therefore, for the true realization of withdrawal right's goal of protecting the minority shareholder benefit, causing the minority shareholder's smooth withdrawal company which squeezes, our country must consummate stipulation of withdrawal right in corporation law unceasingly.The article tries a method of comparative law science and economical analysis law science. Speaking from the structure, the full article is divided into five parts, besides conclusions.The first part, analysing the methods that the minority shareholders withdraw from limited company, and affirming that the withdraw right has the important effect. However, the withdraw right is an imported product, so it has some defects essentially.The second part,making the summary analysis of withdraw right, priority introducing the implication of withdraw right and its legal sense.The third part, the comparative analysis on the withdrawal right of the overseas limited liability company. The legislation and the judicial practice of the withdraw right about the overseas limited liability company compared with domestic system are much more mature, therefore, after demonstrating the rationale of the existence of withdraw right, this article launches to the representatives national of the mainland legal system and British and American legal system- Germany and US about comparative analysis of the production and the development present situation of the withdraw right, I hope provide the foundation for the five part of withdraw right of our country limited liabilityThe fourth part, existence names reasonablly, the existence of withdrawling right has its rationality. The author hrough the understanding of the company to explain the nature of limited liability company retirement equity shareholders of the rationality of the system. I think the nature of the company should be understood from the company, and the company contract theory fit very well the nature of the company.The fifth part, from our country's new "Law of corporation" about the stipulation of the withdrawal right of the limited liability company, analyzing insufficiency of the stipulation in our country's new "Law of corporation" at present. On the foundation of the third part regarding in the overseas legislation comparative analysis, improve our shareholders' withdrawing right.From the system of the withdrawal right itself and coordination of it and other systems, the author proposes the sgggestions to consummates our country's the withdrawal right Regarding the of consummation the withdrawal right itself, the author elaborates from the main body who enjoys the withdrawal right, the condition that the main body exercise the withdrawal right, the determination of the reasonable price, the procedural of exercising the withdrawal right, expiration and limitation of exercising the withdrawal right and the consequence of exercising the withdrawal right.As a result of the certain difficulty of acquisition of information, again adding the limitation of my written ability, some questions on the withdrawal right are studied insufficiently. In addition, author's research only involves several aspects, the other aspects shouled be studied continually.