Research On The Guarantee Effect Of Equity Transfer Of Limited Liability Company

Equity transfer guarantee is a new form of guarantee combining transfer guarantee with equity in the commercial field.In essence,it has become an important part of this atypical guarantee in practice.Small and micro businesses have been greatly improved novel coronavirus pneumonia,but in the background of the new crown pneumonia epidemic,the financing of enterprises is facing difficulties.The existing traditional financing forms are insufficient to meet the development needs of enterprises.With its unique advantages,combined with the company’s equity,the transfer guarantee can effectively protect the guarantor’s assets.The equity transfer guarantee,a new form of guarantee,came into being in the commercial field.However,consistent with the development path of transfer guarantee,equity transfer guarantee has emerged in practice and is mainly widely used in practice.It has not been systematically stipulated at the level of legal norms,its application effect has not been clarified,and a unified judgment rule has not been formed in judicial practice.Equity transfer guarantee is widely used in practice.Through the study of 279 cases on China judicial document network,combined with relevant cases,this paper analyzes the effectiveness of equity transfer guarantee,combs out the relevant normative documents and judgment path of equity transfer guarantee in practice,and finds that there are some problems in the judgment of judicial practice,such as the absence of legal norms,inconsistency of judgment,dilemma of judgment logic and so on.As for the systematic improvement of the effectiveness of equity transfer guarantee,first of all,the effectiveness between the parties to equity transfer guarantee is the effectiveness of the contract,the guarantor has the priority to receive compensation,and the return claim of the guarantor needs to consider the way of equity return agreed by the parties.Secondly,in the process of determining the effectiveness of equity transfer guarantee to the company and other shareholders,the guarantor does not have the qualification of shareholders,and its rights should be exercised according to the provisions in the contract.Thirdly,the effectiveness of the equity transfer guarantee to the external third party,the guarantor is not responsible for the defective capital contribution,and the external third party can obtain the equity due to the appearance trust without considering the existence of the equity transfer guarantee.