On The Inheritance Of Shareholder's Rights In The Limited Liability Company

Inherits has existed since ancient times, but the Limited Liability Company stockholder's rights inherit are actually starts after the company system grew up. Since China took up the reform and open policy, our country's Limited Liability Company growths up like the mushroom after the spring rain. What accompanying comes are the massive emergences of natural person shareholder's. Therefore Limited Liability Company's natural of people gathered and the natural person right of inheritance conflict has become the eternal subject of the stockholder's rights inherited. It can be said that in the Limited Liability Company, the biggest hidden danger exist is if a natural person shareholder died, how the stockholder's rights should be inherited. In recent years, along with the first generate of reform pioneer's answering a curtain call in abundance, the stockholder's rights inherits question also turn to red-hot day by day .In 2003, the renowned entrepreneur Li Haicang was punctured in the office, in 2004, Wang Junyao died suddenly because of sickness, these two national stockholder's rights inherit event has initiated the question of stockholder's rights inherit to the argument high tide.The arguments focus on two questions: First, whether the stockholder's rights can be inherited? Second, how are the stockholder's rights inherited? What is lucky, these two big stockholder's rights inherited event were safely resolved, the Haixin group which started by Li Haicang with his own hands was inherited by his son Li Zhaohui, Wang Junyao's 40% stocks which occupied in Junyao group was inherited by his son Wang Han. Luckily these two stockholder's rights inherits event did not affect the development of the two big group's, however in the judicial practice , was not all stockholder's rights inherits case can be solved so smooth, the Hu Jiazhao inherited case was finally criticizes by the company come to an end.In 2006, the "Law of corporation" the 76th, the inherited to the shareholder qualifications has made specially stipulation: "after the natural person dies, its rightful heir may inherit the shareholder qualifications." This law's promulgation has carried on the resounding reply to the first question. However, take the stockholder's rights inherit question processing to the practice ,this turned to be unoptimistic as before, this provision is still facing many reality puzzles.Therefore, this article starts from the core essential factor in the inherits. Including the stockholder's rights to obtain, elaborated what is the stockholder's rights, what is inherits and the stockholder's rights concept and so on .In order to make sense of the essence of the stockholder's rights inherit, and to analysis which characteristic makes the stockholder's rights can be inherited.Then after reviewed the legislative condition before the new "Law of corporation" promulgates , pointed out that after new "Law of corporation" promulgates, the current stockholder's rights inherit still have to face some legal question, e.g. the inheritance person question, the articles of incorporation question, the successor qualifications question and so on many puzzles. Finally in profits from the mainland legal system and the UK-US legal system which inherits about the stockholder's rights, combines with the Li Haicang and Wang Junyao's stable transition case, this paper attempts to gave some suggestions to the inherits legislation for our country stockholder's rights to consummate which means to makes up the rules and regulations establishment provides may use for reference.