Research On The Transfer Of Equity Of Company With Limited Liability

The company with limited liability is small and medium enterprises in a certain degree, it is because of feathers of co-funding and co-personal. In the feathers of co-personal, on the one hand, the basis of trust in shareholders was established before company found; on the other hand, the various class of people gathered together to puts out the most suitable resources to carry on the multiform cooperation. They look forward to the lasting run and pursue the maximization of benefit. However, it will generate dispute due to the economic development too fast and the shareholders with different social class,cultural context and investment philosophy. So, how to protect the right of shareholders become very important.The stockholder's rights transfer system of company with limited liability is one of the rights of shareholders relief. The company with limited liability has both feathers of co-funding and co-personal, so, the stockholder's rights transfer system not only involves the vital interests of shareholders, but also related to the company's future to healthy and sustainable development. This not only requires transfer of shares in accordance with law, but also needs to protect the legal interest of company's other shareholders, especially the minority shareholders. Therefore, the studying for shareholders of limited liability protection and the improving of the share transfer system theory can be quite important.This article mainly bases on the basic theory of Limited liability company stockholder's rights transfer system, studying and analyzing the foundation of various situation of the transfer of equity, then the author brings forward the proposal for the problems we may encounter in theory and judicial practice of the transfer of equity. It is wished that this paper will promote the development of the company law.This thesis consists of four chapters:The first chapter is about to the research of Limited Liability Company's transfer of shares. Firstly, we analyzed the law quality of stock equity through elaborated the concept and nature of equity. Secondly, the paper discusses the theoretical basis of equity-transfer of company with limited liability from the concept and connotation.The second chapter discusses the general transfer of equity. It studies the internal transfer of shares. It has proven the need for restrictions to internal transfer of shares and carried on a thorough study to the"normalization"of the stockholder's rights transfer question. Then, the author studies the external transfer of shares. It mainly discusses the assent system of share transferring and the system of shareholders'pre-emptive rights.Chapter III analyzes the special circumstances of the transfer system of equity. This chapter mainly focuses on four special circumstances of the transfer of equity and the detail of them is discussed.Section IV, on the basis of the previous chapters, concluded on the deficiency of transfer of stock rights to the close corporation in present "Law of corporation". This section is constituted of two parts. The first part is about the improvement of general transfer of equity. The author advances several suggestions for the perfection of internal transfer and external transfer institution. The second part of this chapter studies the improvements and perfections of the special circumstances of the transfer system of equity. The author put forward detailed proposition for the enforcement system of equity, the opposite holders'request right of repurchasing shares in company legislation, the inherited system of equity and the division system of couples'total stake. Course of the study, always pay attention to integrating theory with practice, in the access to a large number of cases related to the transfer of equity, as well as to join on the basis of the relevant literature and put forward some new ideas.