Analysis Of The Effectiveness Of Mandatory Equity Transfer In The Charter Of A Limited Liability Company

The existing "company law" is the main theme of the company autonomy, the company charter is the main means of corporate autonomy. Taking into account the limited liability company, the company law gives the limited liability company charter greater autonomy. "Company law" seventy-first of the first 3 of the equity transfer to make a detailed provisions, while the fourth paragraph, "the company’s Charter for the transfer of equity, from its provisions", fully embodies the concept of charter autonomy. But in practice, the company and the shareholders of the company law, the provisions of the seventy-first understanding, leading to the design of equity transfer terms, some of the company’s charter to force the transfer of equity, such as the shareholders of the company must transfer their ownership of the company". To the effect of the articles of association of the company, the academic circles and the judicial practice is different.The author thinks that equity is a kind of membership rights, including property of the nature of some rights of claim and common management company, is a unique civil rights. Said the articles of association autonomy emphasizes the company’s organization, action team, in order to maintain a limited liability company of cohesion can stipulate the departure transfers equity shareholders; Articles of association of the contract theory emphasizes the company can according to the articles of association of the compulsory execution to the shareholders. At the same time, When the company was established, the shareholders agreed on the terms of the agreement, the contract nature of the shareholders, the provisions of the mandatory equity transfer provisions, the provisions of the original articles of association, shareholders must transfer their shares; in the company of the provisions of the provisions of the law, the majority rule, this is the company’s shareholders’meeting, which is the company law provisions of the company shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders in the company’s shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’ meeting, even if the shareholders’meeting, even if the shareholders’ meeting therefore, the articles of Association Compulsory transfer of shares of the terms of the entry into force of the shareholders.At the same time, the articles of association are the autonomy of the company, the company law respect and promote the company autonomy. The articles of association provides that the transfer of shares of the shareholders under the specific conditions is a way of exercising the autonomy of the company and shall be respected. In addition, the limited liability company more emphasis on human nature, the regulation of the transfer of equity is also in order to safeguard the company’s human nature. Company law fourth provisions of the articles of association of the seventy-first provisions of the transfer of equity, from its provisions. The articles of association shall be deemed to be effective under the conditions of the compulsory transfer of shares under certain conditions and the power conferred by the law of the corporation.