Legal Application Of The The Shareholder’s Expulsion System Of Limited Liability Company

Personality is one of the essential attributes of a limited liability company.Friendly cooperation between shareholders is the basis for ensuring the normal operation of the company.However,in the actual operation of the company,due to many reasons such as different concepts or unequal interests,there may be cracks in the trust and cooperation between shareholders.Some shareholders may do something that is not conducive to the company.It is difficult to achieve the company’s profit target and the expected benefits of some shareholders.Faced with the company’s dilemma,in accordance with the remedy methods of shareholders ’rights in the "Company Law",shareholders can choose to transfer their equity or require the company to compulsorily acquire the dissent shareholders’ equity;in the case where the company has been in a business stalemate for a long time,shareholders can also request justice Dissolve.However,none of the above remedies are sufficient to solve the internal conflicts in the company efficiently and conveniently.At this time,the shareholder delisting system may play a better role.However,it is somewhat regrettable that the shareholder delisting system has not yet been clarified in China’s "Company Law".In judicial practice,citing the provisions of Article 17 of the "Judicial Interpretation of Company Law(3)",shareholders may be delisted in certain circumstances.However,scrutinizing the aforementioned judicial interpretation itself,there are also many problems such as the single application of shareholders’ delisting,the excessive delisting procedures,and the unclear legal consequences for the delisting of shareholders,so that it has been difficult to deal with some of the judicial practices since the implementation of the judicial interpretation.specific situation.In view of this,after reviewing the basic theories of the shareholder delisting system,this article further analyzes the theoretical origin and system value behind the shareholder delisting system,and at the same time combines the current status of judicial judgment and applicable dilemmas in China ’s judicial practice at present,and draws on the maturity of foreign countries.Based on experience,I tried to put forward some specific countermeasures on the judicial application of the shareholder delisting system.I look forward to establishing a review standard for shareholders ’delisting entities,procedural matters,and legal consequences,so as to achieve the proper handling of shareholders’ delisting disputes.