Two Legal Analysis Of Limited Liability Company Shares Transfer Cases

The rapid development of economic, social changes with each passing day, and the related legal system of company did not timely keep up with the pace of economic development, imperfect legal system led to the increasing equity transfer disputes in recent years. Dispute form emerge in endlessly, social contradictions are increasing, not only endanger the interests of the shareholders themselves, also endanger to the healthy development of the company, even affected the social and economic order.This article applies the method of empirical analysis, by analyzing the contribution of defective share transfer disputes and status defective share transfer disputes with two case and then extended to appropriate types and have made more detailed analysis. In capital contribution defective share transfer disputes involving many parties, mainly including the assignor and the assignee, the company, shareholders and creditors, etc. In this paper, based on the case, analyses the capital contribution flaw equity transferor and transferee to assume liability for the debts of the company’s problems. For identity defective shareholders equity transfer dispute to impersonate equity transfer as an example, this paper mainly from impersonate the shareholders of legal characteristics, impersonate foreign transfer of equity contract effectiveness, by pseudonymous shareholders transfer its equity contract effectiveness and responsibility and so on.Equity transfer dispute involves many aspects of society, the influence is bigger, problem is more, with the rapid development of the economy, such disputes will be more and more, therefore establishing and perfecting the relevant legal system is the key to solve the current problem, only hope that this article can help to legal workers solve such problems.The full text in addition to the preface and the conclusion part, which is divided into five parts, content structure arrangement is as follows:The first part is case analysis of capital contribution flaw equity transfer, first introduced the basic case, and then introduces the court verdict on the case and reasons, finally put forward the legal issues involved in the case that, in turn, leads to the next part of this article in-depth analysis.In the second part deeply analyzed the capital contribution flaw of shares of capital contribution flaw in the transfer of equity on the company’s debt is responsibility and what kind of liability and equity capital contribution flaw the assignee shall undertake liability for corporate debt is and what kind of responsibility,In the analysis at the same time the author proposed some methods to solve such problems.The third part discusses defective shareholders equity transfer case is about identity, as well as the first part of this article structure, also is the first introduction to the basic facts, and then introduce the court’s decision and the reasons, finally put forward the problem, in turn, leads to a deeper analysis below.The fourth part deeply analyzed the pseudonymous stake in how to define the pseudonymous shareholders and impersonate shareholders equity transfer contract effectiveness and impersonate equity transfer contract effectiveness and impersonate responsibility problems in shareholders equity transfer, and puts forward the relevant solution of the problem.Fifth part attempts to induce two cases on the handle is same, and tries to give the future processing limited liability company share transfer disputes in order to inspire and train of thought.