The Study On The Inheritance Of Shareholder’s Right In The Limited Liability Company

In a largely commercialized today，the shareholder’s rights is the most important form of commoditycirculation and capital operation, which highly affects our modern society. May the heir inherit theshareholder’s rights when a shareholder in a limited liability company dies? This question has dramaticallydrawn public’s attention.In relation to the aforesaid question, this paper focuses on the shareholder’s right in a limited liabilitycompany, by means of the empirical study, the comparative and construction analysis. This paper has madean intensive study from theories, legislations, practices, and forms an elementary academic and institutionalsystem of the inheritance of shareholder’s rights in the limited liability company. This paper tries to start withthe basic theory of the inheritance of shareholder’s rights by analyzing the relevant concepts, to commentatethe viewpoints on the succession of the dead shareholder’s qualification. At the same time, this paperelucidates the significant impact on the inheritance of shareholder’s rights from the degree of human-togetherfeature of the limited liability company, and fully understands the purpose and significant of the76thprovision in our country’s company Law. Furthermore, this paper attempts to provide new insight into theinheritance of shareholder’s rights by researching the foreign modes of legislation and the historicalevolution and the trend of our domestic laws on succession of shareholder’s rights. Finally, by evaluating the76thprovision in our country’s Company Law, this paper deeply analyzes the reasonableness and the problemin the process of succession of shareholder’s tights, and concretely expounds several issues on the inheritanceof shareholder’s rights and the exclusion of inheritance.It cannot be expected to settle the succession dispute and quickly improve the academic and institutionalsystem of the inheritance of shareholder’s rights in the limited liability company at a one-time effort. On the one hand, we should issue the judicial opinions as soon as possible to perfect the legislations and settle thedifficulties in judicial practice. On the other hand, we should provide a way to perfect the regulation ofstandard clauses of the articles of association by offering some diverse options, the company and itsshareholders should make arrangements for the inheritance of shareholder’s rights in advance, in order tobreak the deadlock resulted thereafter, and promote the smooth and steady development of the company.