Study On System Of Shares Acquired In Good Faith On The Limited Liability Company

Equity acquired in good faith can apply for a limited liability company in particular, the transfer of the equity acquired in good faith in the legal circles there has been disagreement."Companies Act judicial interpretation (c)" First give a clear conclusion to this dispute, affirmed the existence of bona fide acquisition options, but this will be the "Property Law" and "Company Law" a combination of the new system there are still many problems to be further explored.In this dissertation,we mainly focus on the measures of improvement of shares acquired in good faith on the limited liability company.Based on thorough investigation on the concept and theory foundation of shares acquired in good faith, and analyze the situation of equity acquired in good faith.On top of that, it regards raising and solving the issue as a principal line,considering the difference of share right and real right, and proposes the problems of the system in practice from four aspects of the elements of shares acquired in good faith.Applying theory to reality and taking each element as cut-in point, the specific measures of improvement of each problems arised during the application or shares acquired in good faith in shares transfer.The article includes preface,text and epilogue.An introduction of theoritical fundation and research status, the problems to be solved and the theoretical value and practical meaningis is performed in preface. First part of the text introduce the general principle of shares acquired in good faith. At first, we discuss the meaning of shares acquired in good faith, then clearly defined the concept, described three characteristics of shares acquired in good faith. Secondly, this dissertation demonstrates the different legal force owing to difference of objects, including transferees, shareholders, limited company or other shareholders. Finally, we analyzed three basis of this system: the transaction security theory, transaction efficiency theory and the theory of right appearance.The second part discusses the status and problems of shares acquired in good faith.Based on "Companies Act judicial interpretation (c)"and Article33in Company law,we analyzes the legislation status of shares acquired in good faith in and abroad. And on this basis, summarizes the current equity bona fide acquisition problems in specific applications.The third part is the stake acquired in good faith to improve the system. First, from the right disposition and the right disposition scope of bona fide acquisition of two aspects clear that standard right disposition; Second, from a subjective aspect of goodwill, goodwill objective aspect, goodwill recognized de facto by three angles intentioned people recognized standards defined in detail; third, the main consideration for reasonable non-monetary forms of recognition criteria proposed improvement measures; fourth, demonstrates the register of shareholders as equity instead of business registration acquired in good faith and reasonableness of the publicity build file measures.The epilogue makes an conclusion of text and emphasizes the importance of perfection of shares acquired in good faith system.