On The Remedy Of The Preemptive Right Of The Shareholders Of Limited Liability Companies

The preemptive right of shareholders of a limited liability company is a formative right,and the purpose of its system is to maintain the human nature of the limited liability company.The theory of inviolability of formation rights must be broken in order to incorporate damages into its relief system.Agreements and notices are not part of the establishment of a preemptive right.They are only supplementary measures for the preemptive right system.The main body of the notice shall,in addition to the assignor and the court,increase the assignee and the company as the subject of the notice.The 21 st article of the “Corporate Law Interpretation IV” and some of the courts' agreement with other shareholders as a factor influencing the effectiveness of the assignment of the transferee and the third assignee are wrong and should be corrected.There are two types of relief for shareholders' right of first refusal: First,let shareholders exercise their right of first refusal and obtain the transferred equity.This relief measure is basic and dominant,and the company law and its judicial interpretation are mainly related to this relief.Out.The first is damage compensation.The theoretical cornerstone of this relief is the establishment of the invasive theory of shareholders' right of preemption.The above two kinds of relief have been confirmed under the Chinese law.However,the text description is not even weekly.This kind of defamation exists not only in Article 73 of the Company Law,but also in Article 21,Section 2 of the "Company Law Interpretation IV."The purpose of the union's holding of the shareholding system is to arouse the employees' enthusiasm for labor.To achieve this goal,it must recognize the shareholder identities of the shareholders on behalf of the internal relations and litigation and arbitration relations.In other words,only the names of the shareholders who have been held in the business registration may not be disclosed.In order to protect the interests of the shareholders,it should be denied that trade unions have the right to dispose of shares on behalf of shareholders,nor does it acknowledge the goodwill of third parties.