China's Limited Company Equity Transfer Third-party Interest Protection Research

As a market subject,in the process of participating in market trading activities,the multiple interests of the parties' main interests are intersected.With the rapid development of the market economy,the company law's concept of protecting and balancing the interests of relevant entities of limited liability companies is undergoing subtle changes.From the traditional concept of protecting the interests of shareholders of limited companies,it has shifted to balancing the parties' transactions.Advanced development concept of main interest.This is particularly evident in the equity trading activities in which the equity is transferred externally.At least the interests of the three parties are involved in the external transfer of equity: the interests of the shareholders who transferred the equity,the interests of other shareholders of the limited company,and the interests of the third party who intends to transfer the equity.This article starts from the protection of the interests of third parties in the transaction of equity transfers,discusses the conflict of interests and balance of interests in the transfer of equity,and analyzes the need to protect the interests of third parties.At the same time,it focuses on the process of transfer of equity.The transaction risks that a third party may suffer are discussed,and suggestions are made on how to protect the interests of third parties in corresponding situations.The thesis is divided into four parts.Firstly,the interests of the parties involved in the transfer of equity are discussed,and the balance of conflicts of interest under the pursuit of multiple interests is discussed.The theoretical basis and legitimacy of protecting the interests of third parties,laying the foundation for the writing of the thesis;Secondly,the common situation of oversold shares in the external transfer of equity is discussed,and the shareholders and multiple third parties are signed to sign the equity How to protect the interests of the third party in the case of the transfer contract;Once again,the question of how to protect the interests of the third party of the transferred equity when there is a flaw in the investment of the transferred equity.By discussing the signing of the equity transfer contract in the presence of flawed equity,and analyzing the conflict of interest issues in this case,the corresponding suggestions to protect the interests of third parties are put forward;Finally,when the other shareholders exercise the preemptive right,the third how to protect human interests.In this part,the author discusses the method and time of the exercise of the right of first refusal and the situation of the preemptive exercise of the right of preemption,and puts forward suggestions and solutions for how to protect the interests of third parties in each case.