The Problem With Registration Rule Of Equity Change In Limited Liability Companies And Its Resolution

Compared with other organizational forms such as partnerships and sole proprietorships,limited liability companies have the advantage of being more flexible and less restrictive.However,due to the strong human nature of the company.Its status changes and transaction information are generally difficult to know.Therefore,the company supervision system also needs to make targeted adjustments according to its characteristics.Supervision is not to build a high wall.A clear and clear institutional framework can achieve a balance between regulation and freedom,start business and effectively regulate risks without wasting supervision costs.As an important part of the company’s regulatory system,the registration system has the functions of establishing the dominant market position,ensuring transaction security,and facilitating the convenience of commercial transactions.It also plays a huge role in regulating the establishment,organization,and operation of companies.However,in the current registration rules,most of the equity changes are defaulted to equity transfers,so the agreement is used as the statutory document for the registration of changes,which makes it difficult to realize the registration of changes in other equity change situations,and the ownership of the equity is unknown,resulting in parties Trouble,it is necessary to pay attention.This article studies the issue of the review criteria for the limited liability company’s equity change registration in the company registration system.The first part first summarizes the organizational characteristics of the limited liability company and the difficulties of the regulation,and points out the review of the change registration system.The agreement cannot adapt to the various changes in equity and disputes over equity transfer in practice,which makes it difficult to provide the appearance of trustworthy ownership as the basis of the judgment in the judicial judgment,and initially proposes the limitations of the current regulations and changes in the registration discretion of the administrative agency.The second part examines the historical evolution of the commercial registration system and analyzes the function of the equity change registration system to explain that the combination of the facts of change results and the confirmation of rights are the functions and objectives of the equity change registration system,and from the perspective of economics Explain from the side what adjustments should be made to the function of the current registration system.The third part first explains that the intentional equity transfer model affects the judgment of the judge and the determination of the registration rules,and the case-by-case model illustrates that the current agreement-centric model places too much emphasis on the agreement between the parties and ignores the company’s articles of association and shareholders’ delisting mechanisms in practice.Without changing the equity through agreements or contracts,the function of restricting the rules also makes it difficult to complete the change registration,so that the change status cannot be stabilized,and the legal relationship is difficult to confirm.The fourth part,through the presentation of the first three chapters,re-confirmed that the core review element of the registration is that under the premise that the change is lawful,considering the diversity of reasons for the transfer of equity in practice,the registration is confirmed using documents that can prove the realization of the change.After this direction,other documents were tested and suggestions for amendments were made,with a view to improving the function of the registration system’s boundary rights,and providing a more reliable basis for registration rules and court decisions.