Research On The Effectiveness Of The Mandatory Equity Transfer Clause In The Articles Of Association Of Limited Liability Company

Limited liability company in its articles of association requires mandatory terms of the equity transfer,fully embodies the principle of autonomy of the articles of association,to such terms and conditions of the articles of association of the effectiveness of the problem,the theoretical circle is controversial,but there are many differences in the judicial practice,which leads to the different disputes arising out of the question which the trial results.This article in view of the limited liability company's articles of association of the specific circumstances forced transfers equity shareholders clause effectiveness analysis,clarify the standards,in order to this problem in the judicial practice has some reference value on the solution of the dispute.Compulsory equity transfer clauses in the articles of association based on three causes companies caused by typical cases,namely "Jang v.Yantai a limited stake in dispute","Wang v.some petrochemical co.LTD.Articles in dispute","Huang v.Shanghai co.LTD.Equity in dispute" as visual angle,has carried on the disputes and differences of views to summary,and the focal point the 71 th paragraph 4 scope of " corporation law act of company",the nature of the company's articles ofassociation,the boundary of the free to the articles of association of the company,the company's articles of association forced the effectiveness of the equity transfer clauses one by one to have in-depth legal analysis.Ultimately forced through analysis the effect of the clause that involve transferring equity shareholders small shareholders' interests protection,the company maintenance efficiency,company's overall interests and the interests of the creditors of a balance of interests and game,its effect judgment should be according to the case situation,on the basis of balancing the interests of all parties.Finally combining case and legal theory analysis,summed up,and for such disputes induced hearing Suggestions were put forward for the different situations that may occur.