Study On The Identification Of "Equal Conditions" For Shareholders’ Right Of First Refusal

Shareholders’ right of first refusal is an important system for protecting the interests of other shareholders and improving the company’s operations.The limited liability company pays attention to humanity and capitalism,and giving shareholders the right of first purchase is to better maintain the humanity of the company.Judging from the status quo of judicial practice,various matters other than regulations will occur in the process of equity transfer.Courts in various places will often have different judgment results in judgment cases in which shareholders are transferred.There are no systematic and comprehensive legal provisions in the determination of the Result,resulting in inconsistent judicial practices.The author has found from the cases that have been entered into effect that the factors affecting the "equal conditions" mainly include the transfer price,quantity,exercise method and period,and other special conditions in the contract.The theoretical and practical circles also have different doctrines on how to identify "equivalent conditions",which makes this problem unable to be effectively resolved for a long time.This article focuses on the difficulties encountered in the identification of "equivalent conditions".Through analysis of a large number of judgment cases,I hope to find a proper solution to provide a good solution for the "equivalent conditions" identification.The author researches the corresponding problems caused by the "equal conditions" in the right of first refusal,and proposes to solve such problems from the two aspects of identification standards and content,and promotes the development of practice with theory,and further finds corresponding solutions for the issue of equity transfer.Judging from the existing judicial cases,the price and payment method in equity transfer are the more important factors affecting the determination of "equal conditions".In this article,the author considers these factors as the general content that affects the identification of "equal conditions",but in addition to the factors,there are a lot of special factors in judicial practice,such as personal identity relationships,emotional relationships,etc.are all important influencing equity transfer.aspect.The price factor in "equivalent conditions" is an important prerequisite for determining whether the same conditions are established.The research focus of this article will also focus on the "price" factor,analyzing the general and special condition content of the "equivalent conditions" identification,and combining foreign legislative cases.To find a good solution.