Research On Equity Succession Of Limited Liability Corporation

The equity succession of limited liability company is one of themost important problems of the Company Law. The limited liabilitycompany is a company form between the and unlimited liabilitycompany, meanwhile, it has the characteristics of capital andhuman-feature. So it determines that the limited equity inherit to theinevitably different from corporation limited and common types ofproperty inheritance. Due to the equity succession of limited liabilitycompany involves various interest coordination, and meanwhile, China’s"Company Law" provisions of Article76of the limited liabilitycompany equity inheritance issues inherent inadequacies, too abstract forthe provisions of the limited liability company equity succession issues and lack of maneuverability, these issues bring certain difficulties andobstacles to the in-depth study of the inheritance and the research oflimited liability company equity. This paper, expounds China’s"Company Law" legislation on succession issues equity status quo, andcomparative analysis of the "Company Law" and "Law of Succession"ordinance, as well as the relevant provisions of the equity successionissues at home and abroad, combined with Chinese scholars in theexistence of different views and opinions of the equity issue of thesuccession of the limited liability company, conducting in-depth analysisand research on the basis of suggestions for improvement of theCompanies Act on the inherited problems of limited liability companyequity.First of all, this paper discusses the limited liability company equityinheritable. This section first established the concept of equity, and thenanalyze the nature of the equity, based on detailed research and in-depth analysis of domestic scholars equity inheritance of the doctrine oflimited liability company, my view, that the Option is an independentcivil rights. Turn from the stake in the property and non-property, equityinheritable analysis, came to the conclusion that the equity of the limitedliability company is can inherit this conclusion.Secondly, this paper describes a stake in China’s "Company Law"inheritance system. This section first combination of subject and objectelements of the inheritance of the equity in law and limited liabilitycompanies, a clear positioning for equity inheritance system. Thenequity inherit from a limited liability company and is not the limit of theobstacles and limited liability companies and equity inherited these twoperspectives, focusing on analysis of a limited liability company andequity inherited. Finally, specifically discusses the value orientation ofthe "Company Law" equity inheritance system.Again, by Germany, France and the United States legal system examined, in depth analysis and comparison and found that theinadequacies of China’s "Company Law" equity inheritance system andneeds to be improved. Then combine their research and learningexperience summed up the impact with the revelation of a foreign legalsystem for our limited liability company equity inheritance system.Finally, the above analysis of the inherited problems of limitedliability company equity and elaboration, specifically pointed out thedefects of China’s "Company Law" provisions on equity inheritancesystem, and for these shortcomings and inadequacies, somerecommendations were made to perfect our limited liability companyequity inheritance system.