A Study On The Equity Transfer System Of Limited Liability Companies In China

With the continuous development of market-oriented economy and the revision of corporation law in our country,more and more small companies will choose the organizational form of limited liability companies.As a result,equity transfer in limited liability companies will certainly be a frequent legal act and the legal disputes caused by equity transfer will also happens frequently.How to solve the type of disputes well not only concerns the benefits of the corporation itself and its development prospect,but also concerns the benefits of shareholders in the corporation.Based on this,this thesis analyzes some relevant problems in equity transfer system in current limited liability companies in our country and puts forward some of my assumptions about how to improve the system in order to efficiently safeguard equity transfer in limited liability companies,reduce the disputes cause by equity transfer,stick up for the benefits of the company and its shareholders,promote the stable and quick development of market-oriented economy in our country and avoid too much wastefulness of judicial and administrative resources.The thesis will discuss how to improve the system of equity transfer in China's limited liability companies mainly from the following four parts.The first part analyzes the nature of equity transfer in China's limited liability companies mainly based on some relevant theories.Consequently,the view of the writer is concluded.That is,equity transfer in limited liability companies is a new kind of right in rem with both personal rights and property rights.This part introduces the basic principles that should be followed in the process of equity transfer in China's limited liability companies as well.The second part mainly discusses a few problems in the process of equity transfer in China's current limited liability companies,especially in the process of transferring shares to non-shareholders.These problems mainly include: shareholders' preemptive rights in the process of transfer of ownership to external in limited liability companies,the efficiency of equity transfer agreement and several special situations in the transfer of ownership to external,such as share rights in enforcement by court,the succession of equity and the changes in equity caused by the divorce couple.The third part puts forward some of the writer's own ideas only concerned with problems in Part Two according to relevant legal theories and some legislative practices at home and abroad.The fourth part mainly discusses the nature of rights and lawful duties of relevant state organs in the process of equity transfer in limited liability companies.Relevant state organs should clearly know their effect and legal duty in the process of equity transfer in limited liability companies so that efficient equity transfer can be guaranteed and legal rights of both parties in equity transfer can be safeguarded.The writer creatively thinks that notary organizations should be affirmed as a nation's auxiliary judiciary authorities and advises to let notary organizations join in equity transfer in limited liability companies to improve the efficiency of stock rights,reduce transfer disputes and play their due role.