Research On The Equity Suspension Period Of Shareholder Qualification Inheritance Of The Limited Liability Corporation

The dissertation discusses the legal issues during the equity suspension period of shareholder qualification inheritance of the limited liability corporation.The theoretical circle in our country at first disputed about whether the qualification of shareholders is inheritable. In 2005, the revised 76th provision of the Corporation Law confirmed the qualification of shareholders can be inherited. Then the theorists’ research emphasis has moved towards specific issues of shareholder qualification inheritance, such as how to inherit shareholder qualification, which one is more suitable in the statute expression, "shareholder qualification inheritance" or "equity succession". In recent years, the roles of the company’s articles of association in shareholder qualification inheritance as well as its limited contents have become a hot area of research.However, there is a period between natural person deceased and completion of shareholders qualification inheritance after some programs confirmed. This period actually exists because of the complexion of shareholders qualification inheritance. The author defines the time period as "equity suspension period".During this period, whether the heirs can obtain the status of shareholders and exercise equity directly? What procedure it need to go through? How to implore the stock rights whose ownership is changing? How to protect the heirs’ relevant rights and interests in the meantime? The blank of legislation and the ignorance of the theoretical circle about the issue have caused many difficulties in practice.This dissertation takes legal issues about equity suspension period of shareholder qualification inheritance of the limited liability corporation in our country as the research object. Through case study, theoretical analysis, legislative investigation and comparative research method, the author classifies and analyzes the problems that happen during the equity suspension period, and then find related legislative defects. The author tries to discuss this issue and give some constructive suggestions.The first chapter starts with the concept definition of "equity suspension period" and then pays close attention to the discussion about whether there exists equity suspension phenomenon in the shareholder qualification inheritance of the limited liability corporation. The attention is to get the article’s study foundation, that is, there exists the equity suspension period in the shareholder qualification inheritance of the limited liability company, which is from the death of natural person to the completion of shareholder qualification confirmation.The second chapter analyzes the specific practice of the inheritance. On the basic of the analysis, the author clarifies the difficulties in the equity suspension period. They are shareholder qualification confirmation, the exercise and protection of equity and multiple heirs’shareholder qualification inheritance. There is a logical correlation between the above problems, which is a series of problems that should be solved during this special period. In response to these difficulties, the author studies our legislation and points out the legislative defects:The company law of our country lacks procedural rules of shareholder qualification confirmation. There are no relevant provisions of the rights and obligations of the parties. Questions about multiple heirs’ inheritance of shareholder qualifications are without clear and detailed rules.The third part of the article puts forward relevant judicial suggestions so as to improve the shareholder qualification succession system of limited liability company from the construction of legislation to judicial practice.In the fourth chapter, according to legislative cases abroad, the author tries to put forward some detailed proposals so as to fills the legislative gaps discussed in this paper.Through proposing the issue of equity suspension period of the limited liability corporation and making some simple analysis, the dissertation intends to cause scholars to pay more attention to this question and make some further study. The author tries to make some legislative suggestions in expectations for legislation and judicial practice benefit.