Research On The Withdrawal Of Limited Liability Companies

As an important participant of social economic activities,limited liability companies reflect the running trend of a country's economy to a certain extent.But the business activities of the limited liability company are often maintained on the basis of mutual trust between the shareholders,in the process,the trust relationship between the shareholders is often eliminated by the conflict of interests,which leads to the crisis of the company's management.In order to solve this kind of crisis,we must establish a perfect mechanism of shareholder withdrawal,so that the dissident shareholders can exit in a relatively fair way.As for the exit way of the dissident shareholder,our company law and related judicial interpretations also make corresponding stipulations,but they are not detailed enough,which leads to the different judgment result of the same case,therefore,the exit mechanism of the shareholder should be perfected in both theoretical research and specific judicial practice.From the content view,this article mainly divides into three chapters.Chapter One,through the analysis of the concept of the withdrawal mechanism of the limited liability company,understand the connotation and extension of the objection shareholder in the limited liability company,introduce the relevant scholar's viewpoint and the legal stipulation,combine own understanding,carry on the analysis to the related viewpoint,finally carry on the summary.Through the summary of the previous article,further study the relationship between shareholders and the company and between shareholders and shareholders,so as to analyze the rights of shareholders to withdraw from the company,so that the need to establish an effective shareholder exit mechanism.Chapter two,through summarizing the common problems in the shareholder withdrawal mechanism of the limited liability company,taking the cases in judicial practice as the basis,combining with some scholars ' viewpoints,discussing the four dimensions of equity transfer,stock repurchase,shareholder delisting and judicial dissolution,the paper studies the vague parts of the legal provisions.The author analyzes some scholars ' interpretation of the law of the Department,and puts forward their own puzzles in order to pave the way for solving the problems next.Chapter ?,after discussing the above issues,combining the reality of our country,from the social public interests,economic order,legal principles and other aspects of the views of some experts and scholars value judgment,so that the limited liability company shareholder withdrawal should be based on social public interest,pay attention to balance the interests of the views of all parties,In order to improve our limited liability company shareholder withdrawal mechanism to make some contribution.