A Study On The System Of Expulsion Of The Limited Liability Company

Limited liability company should belong to the category of joint venture company in its essence,but this kind of company is more prominent and recognized by jurists in terms of the characteristics of human integration.Limited liability companies have been recognized and favored since their inception.At present,they account for the highest proportion in the corporate system of most countries,and their economic status can not be ignored.The basic situation of limited liability companies in China is not much different from that of most countries in the world.Limited liability companies are often accompanied by these problems,such as inadequate disclosure of internal information,external monitoring needs to be strengthened,and abuse of rights by shareholders is more common.The existence of these problems can easily lead to corresponding disputes.When a shareholder commits an improper act,which infringes the interests of the company and other shareholders,it is inevitable to cause contradictions among shareholders,which may eventually have a negative impact on the survival of the company.According to the provisions of the current Company Law of China,we know that the problem of the company's poor operation is mainly caused by shareholders' reasons,so other shareholders can ask the shareholders to withdraw from the company actively by means of equity transfer or by means of exercising the right of request for share repurchase;if the company is in a deadlock and can not operate again,they can bring it to the court in accordance with the provisions.A request to dissolve a company is tantamount to the disappearance of the company,which is often not the best result,because some shareholders hope that the company can continue to operate;voluntary abandonment of the company is mostly a helpless move.For this reason,the company's shareholders will not be welcomed,on the contrary,most of them will be expelled by the company and other shareholders,which creates conditions for the emergence of the shareholder delisting system.This paper chooses to study the system,and puts forward pertinent suggestions on the construction of the system of entities and procedures in China.This paper is divided into three parts according to the research needs: introduction,text and conclusion.In the introduction part,the author focuses on the important position of our limited liability company and the current legal norms.On this basis,the author puts forward the view that there is realistic demand for establishing the legal system of delisting shareholders in our country.The purpose of establishing the system of delisting shareholders in company law is very clear,that is,to solve the conflict of interests within the company.Therefore,the study of this problem will help to solve the internal contradictions caused by non-group shareholders in limited liability companies.In the main part,four chapters are designed to discuss.The first chapter is about the definition and characteristics of the shareholder delisting legal system.In this chapter,it focuses on how to define the delisting system of shareholders,the legal attributes of the system,and comparative analysis of the differences between the system and other systems,so as to clarify the importance and necessity of introducing the delisting system of shareholders,as well as the irreplaceability.The second chapter is about the value of the legal system of delisting shareholders in limited liability companies.This chapter mainly explores the peculiar human compatibility of limited liability company,clarifies its various procedural and practical problems,and proves the unique value of the shareholder delisting legal system through demonstration.The third chapter is about the performance of the legal system of shareholder delisting in legislation and practice.For the provisions of the delisting system of shareholders,we can refer to the provisions of Articles 17 of the Judicial Interpretation(3)of the Company Law.In this chapter,the detailed analysis of these provisions,through the analysis of the author think that starting the shareholder delisting system needs the corresponding conditions as support,specifically to meet the conditions of shareholders' fundamental breach of contract.Thus,in the specific practice,when judges decide such cases,they need to make corresponding judgments on the basis of full interpretation of the provisions of the system.Finally,the existing doubts are summarized to promote the gradual improvement of the system.Chapter IV is about the improvement of the system of delisting shareholders in China's limited liability companies.The system has two elements,which include not only the entity but also the procedure.In this chapter,how to improve the legal system of shareholder delisting is discussed,and the two elements are also discussed in detail.In the last part of the paper,the author chooses to make suggestions on how to improve the delisting system of limited liability companies from the legal role to the actual needs,taking into account the interests of stakeholders and focusing on the reconciliation of conflicts,and summarizes the research conclusions.