Right To Claim For Distribution Of Limited Liability Company’s Profit

Market economy has become an irresistible historical trend, the company isoptimistic about the social system. The company not only on the economic systemof rational allocation and use of resources, but also to ensure the increase of socialwealth, the creation of social jobs, increase personal income plays an importantrole. For individuals, the money put into the hands of the company’s operatingareas, to become one of the shareholders, to enjoy the profits of the company’sdevelopment, so that the added value of wealth in their hands, is a very significantthing. This is also the people to invest to build the company’s intrinsic motivation.For the company, the shareholders willing to invest to win, we must ensure that thecompany’s shareholders receive timely distribution of profits, which is thefundamental guarantee of long-term development. China’s current "CompanyLaw" on the company’s profits, Ltd. shareholders rights protection are clearlydefined, the distribution of profits to shareholders the company’s claims areinviolable. But the "Company Law" claims for the distribution of profits from alimited liability company, the provisions relatively relaxed. This is of course infavor of a limited liability company internal management, but also the power of thecompany and major shareholders is too large, if they abuse the power loss and theinterests of minority shareholders, minority shareholders would be difficult todefend their rights through legal means. In addition, some relevant legal provisionsdid not make detailed provisions on the distribution of profits claims, although theprovisions made but operability is not strong. Therefore, a limited liabilitycompany profit distribution to shareholders claims have been infringed, is oftendifficult to implement an effective remedy. Profit distribution rights ofshareholders are not guaranteed or suffered losses, shareholders invested in thecompany’s capital is to sense that they greatly reduced confidence in the company’sdevelopment, is bound to affect the company’s long-term development of socialand economic development are also adversely affected. Therefore, the right to anallocation request to take effective measures for effective protection of theshareholders of a limited liability company profits, get the close attention of peopleat all levels of society.The first part of this paper is the introduction, describes the meaning and purposeof research, current research, research methods and content; concept ofdistribution of profits claims; second section describes the shareholders, the natureand causes of disputes, etc.; third part is to analysis the limited Co., Ltd. andcomparative, and explain the special nature of the distribution of profits toshareholders limited liability company requesting authority; part of the fourthmajor foreign shareholders the distribution of profits claims settlementmechanisms, especially the distribution of profits to shareholders limited liabilitycompany to conduct a comprehensive lawsuit claims the fifth part of the recommendations made to improve the limited liability company claimsshareholders profit distribution system; finally the full conclusions of the study,and the distribution of profits on the domestic use of compulsory litigation issuesfor analysis.