Research On Shareholder Delisting Svstem In Limited Liability Company

The shareholder delisting system refers to a system in which a company is forced to deprive the shareholder qualification in accordance with the legal procedure when the shareholder has a specific cause.China's "company law,does not involve the removal of shareholders,the Provisions on certain issues of the Company Law of the people's Republic of China issued by Supreme Peopled Court in 2011 for the first time stipulates a shareholder delisting system to fill the previous legal gap.But this stipulation has the narrow scope of the shareholder's delisting,the lack operation of the procedure of delisting,the absence of the legal consequences of delisting and the provisions of rights relief,which is difficult to meet the needs of judicial practice.In the developed countries,the legislation on the delisting of shareholders generally adopts the division of statutory reasons and meanings,giving the company more autonomy and adsapting to the needs of judicial practice.Drawing on the experience of foreign countries,based on the reality of our country,The future legislation of our country should not only refine the legal cause,but also endow the company articles of association with the reason of removing the shareholder.At the same time,it is necessary to perfect the relevant provisions such as the exercise of shareholder's right to delisting,the procedure of delisting,the legal consequences of delisting and the remedy of the right of the expelled shareholder.