Research On Limited Company Flaws Equity Transfer Legal Issues

The basis of the provisions of the Companies Act, the company’s types include two categories of the Corporation and limited liability companies, and accordingly the Equity Transfer Equity Transfer Corporation equity transfer and limited liability companies can be divided into two kinds. Co., Ltd. is a typical co-owned company, the company’s capital shares and securities of its equity transfer more in the securities market, the emphasis on free circulation, the limit of the laws and regulations of their equity transfer to less. The limited liability company has the human resource KG, the stability of the relationship of trust between the shareholders and members is critical to the company, the transfer of its equity is necessary to safeguard the shareholders’equity freely transferable rights can be achieved, maintaining the essence of the limited liability company owned aggregate foundation, but also the protection of a limited liability company, to ensure the company’s normal operating order, and therefore the laws and regulations of their equity transfer restrictions.In the establishment of a limited liability company on the procedures and conditions require, the law is relatively loose, is intended to encourage entrepreneurship, economic prosperity, and this also left loopholes to speculators, not fully funded funding links, false capital contribution and withdraws the capital contribution and so is the usual means. Resulting defects funded flaws equity, transfer to others the responsibility and corporate risk also be transferred, the apparently legal provisions of the Equity Transfer omissions, led to such equity transfer contract is valid, defects funding responsibility transfer who will bear the and other issues.Academia this issues, there are many differences, while all over the judgment of the court in such cases are not the same, this paper, legislation and judicial practice of the equity transfer equity interest in the limited liability company in China through the in-depth study of the problem transfer of sound system and to improve equity transferee relief proposals, hoping to provide useful ideas to solve disputes on reality.This article is divided into three chapters, Chapter of the problem, and introduces the research background and several related cases, the focal issues involved in the case of fundamental research combined with flaws equity, and defects funded shareholders eligible depth explore; effectiveness flaws equity transfer contract for the second chapter, after certainly transferable share flaws introduced academia understanding of different points of view of the validity of the contract, we compare the advantages and disadvantages of the various views, may revoke saidsystem Analysis; Chapter issue of sharing responsibility flaws equity transfer, an overview of the different theories of shared responsibility flaws equity transfer and do the assessment, combing the responsibility of the general ideas and principles, we explore flaws equityassignee relief route advocated the assignee may exercise the right of defense and the right of recourse to safeguard their legitimate rights and interests, and precautions should further to perfect flaws equity transfer system related legislative proposals and assigns transactions.