Research On The Shareholder Delisting System Of Limited Liability Company Under The System Of Subscription

The shareholder expulsion system of the limited liability company is very helpful to the maintenance of the shareholders and the interests of the company,Germany,the United States and other countries in the legislation on the shareholders of the expulsion system are in detail.However,the Companies law only in the judicial interpretation three in the system of the simple provisions,and did not form a general provision.In judicial practice,there have been many cases of the meaning of the expulsion of the case,in this regard,China’s laws do not make provisions,resulting in the emergence of the phenomenon of non-uniform judgments.The academic views on the expulsion of shareholder is not the same,the whole of the system is positive,so in recent years to support the expulsion of shareholder legislation is increasing,but the Companies law of our country’s every modification,none of the expulsion of shareholder substantive construction.But in the previous modified Companies law,the registered capital of the company system have been changed,especially in the 2014 total registered capital system into a paid subscription system,our country has formally established a limited liability company registered capital subscribed system.There is no doubt that the establishment of the subscription system has great importance for the development and construction of our country economy,but because of China’s Companies law judicial interpretation(three)the provisions of the shareholders’ capital contribution or not withdrawing the contribution of all two cases of expulsion of shareholders,resulting in the expulsion of shareholder limited liability company registered capital and the close relationship between therefore,the registered capital subscribed for under the background of the expulsion system had some new problems,we need to analyze,in order to ensure the reasonable application of the system in the judicial practice.The registered capital subscribed system into effect of the expulsion of the limited liability company;whether the system of legal system has the necessity of existence;and the judicial practice of our country to recognize the attitude is not a practice to pay the expulsion system under the system.However,the study finds that the shareholder expulsion system has its special role in the judicial practice,which is necessary in the Companies law system of our country.In addition,the subscription system after the implementation of expulsion in the judicial practice also appeared in the new situation,in dealing with the issue of shareholder investment and withdraws all the money on the judicial interpretation of the Companies law article eighteenth there is obviously insufficient,therefore,strengthen the expulsion of relevant legislation,perfecting shareholder expulsion procedures,and maintenance of the creditors and the expelled shareholder rights and interests of all aspects of major significance to our country.In this paper,we will take the system of shareholder’s expulsion under the system of payment as the center,combined with the current situation of the limited liability company in our country,and explore the development direction of the shareholder’s expulsion system.