Limited Liability Company Dissenting Shareholder Rights Protection

Dissenting shareholders' right to request for share repurchase is a system generated under the background of the rule of "capital majority".Although the rule of "capital majority" can balance the interests of all shareholders,it will bring certain damage to the interests of minority and minority shareholders.The purpose of this system is to ensure the interests of minority shareholders can be fair and reasonable compensation in case of damage and free to exit the company.However,compared with foreign legislation,China's company law only makes a very simple stipulation on the system of right of claim for share repurchase in article 74,which leads to a lot of ambiguity and inconvenience in judicial practice and can't play a good role in protecting the rights and interests of minority shareholders.Giving minority shareholders the right to repurchase claims is only the first step,but how to effectively exercise the right is the most important.Therefore,it is necessary to discuss the issue of equity repurchase claim so as to better realize the application of the system in practice.Therefore,it is necessary to discuss the issue of equity repurchase claim so as to better realize the application of the system in practice.This paper will mainly discuss and analyze the system of right of claim for share repurchase through four parts.Firstly,the first part starts with the characteristics and connotation of the right of claim for share repurchase,and makes a certain theoretical analysis on the system of the right of claim for share repurchase of dissenting shareholders in China's limited liability companies.Secondly,the second part takes the application of the right to repurchase as the main body,and expounds and analyzes the subject of exercise right,exercise condition and exercise procedure respectively.Thirdly,the third part analyzes the provisions of China's existing laws on the system of the right to request for share repurchase and the current situation of the system's operation in China,and puts forward the problems existing in the practical application;Finally,in the fourth part,after analyzing the status quo and existing problems of the system of the right to repurchase of shares,relevant Suggestions are put forward for the improvement of the system.