| With the rapid development of China ’s economy, a limited liability companyestablished in mushrooming of various cities and towns across the country. Although,in the revised " People’s Republic of China Company Law"(hereinafter referred to as" the Act ") under the company’s legal system related giants in perfect. About Equityinheritance law also made provisions related to Article76, to determine the principlesof equity can be inherited, basically the end of our practitioners and theorists materialdispute as to whether equity can be inherited. However, due to the abstract nature ofthis paragraph is too strong, the lack of practical ways to operate, for the theory onhow to solve this problem, the theory has not yet reached a broad consensus. In orderto better guide the practice of operating a limited liability company, the article uses avariety of methods, such as comparative analysis, case analysis, legal requirements bycomparing the civil law and common law issues as well as practical operation, inorder to find on those issues of a limited liability company existing shareholdingsuccession, and in the provisions under the law does not specifically should be howto deal with the problem.This article is divided into the following four parts:The first chapter is the basic theory of equity limited liability company inherited.Firstly, the basic principle of the shareholders eligible to inherit from the start, throughits theoretical analysis, so as to solve the relevant theoretical equity inheritancedisputes, thus proving equity point of view can be inherited.The second chapter is about the extraterritorial equity limited liability companyinherited the relevant regulations. This part of the relevant provisions of the UnitedKingdom, the United States and South Korea and other countries, for example,describes the relevant provisions of the two legal options for a limited liabilitycompany inherited the problem. By contrast, to identify similarities and differencesbetween China and other countries required for scientific and inappropriate sexual conduct analysis of the law.The third chapter is part of this transition, combined with " the law ofsuccession,""Marriage" discuss options LLC inheritance related issues. I believe thatthe question of succession in the equity,"Company Law" compared to " InheritanceLaw " and " marriage" as a special law, both in equity shall be limited to theprovisions of inheritance principle requirements. Thus, the "Company Law" provisionsof the succession of equity should prevail; And as long as the articles of association inthe form, content and legal procedures, it has agreed in principle in accordance withthe contract, should take precedence over the relevant provisions of the "CompanyLaw " be applicable.The fourth chapter is a special analysis of the legal issues equity inheritance. Inequity succession process, due to the occurrence of several people to inherit, so thatthe number of the company’s more than the statutory50people, how to solve thisproblem; limited capacity and no capacity for civil conduct and behavior based onfacts obtained equity, the company appears no inheritance and succession becomesdue when the one-man company, the company should take to resolve this impasse,thus better protect the legitimate rights and interests of shareholders. Equity inheritedfrom one case to start, a detailed analysis of operations during the marital relationshipcontinues to gain scope and segmentation procedures, explore the Company’s equitycapital appreciation and whether they are part of the estate, in order to establish therange of different heirs inherit provide a theoretical basis for the practice. |
