Study Shareholders Of A Limited Liability Company Agreement Validity Issues

The shareholders’ agreement is a kind of stuff that exists in social economic activitieswhich has great significance in distribution of the shareholders’ equity and incorporate governance.It makes up the effective process of corporate governance alongwith the company law, the company’s articles of association, the shareholders’committee resolution.In practice, however, The shareholders’ agreement often confictswith other norms which is the important reason to research the efficacy of Theshareholders’ agreement.The author tried to use the comparative method to discuss theefficacy of The shareholders’ agreement.This thesis is made up of four parts:The first part discusses the nature of the shareholders’ agreement and its role. Thispart is mainly about the shareholders’ agreement’ legal nature and its importance.theshareholders’ agreement in essence belongs to the contract.The second part focuses on the relationship of effectiveness of the shareholders’agreement and contract law, the corporate law.The Shareholder’ agreement should besigned in accordance with the contract law and corporate law.This part of thediscussion focuses on the efficacy of the shareholders’ agreement when it conflictswith different types of legal norms.The third section discusses the relationship between the effectiveness of theshareholders’ agreement with the company’s articles of association. The majordifferences between the Shareholders ’Agreement and the Articles of Association ofthe Company are discussed in order to explore the efficacy of the shareholders’agreement.The shareholders’ agreement reflect the interests of the shareholders andarticle of association embodies the will and interests of the company, so theshareholders’ agreement shall not be contrary to the Articles of Association.Part four discusses the relationship between the shareholder’agreement with theshareholders’ committee resolution.This section also discusses the difference of theshareholders ’agreement with the shareholders’ committee resolution in order toexplore the efficacy of the shareholder’agreement.The shareholders ’agreementsometimes overlaps with the shareholders’ committee resolution in which conditionthere is no conflict between them.So the focus of this part is to discuss theeffectiveness of state when the two do not coincide.