Research On The Legal Effect Of The Termination Of The Equity Transfer Contract Of A Limited Liability Company

The equity transfer contract is an important carrier for shareholders of a limited liability company to transfer equity.The contract from its establishment to the completion of its performance involves multiple interests.However,regarding the legal effect of the rescission of a limited liability company equity transfer contract,Judicial practice is usually dealt with as restitution,which is subject to The transferor shall return the equity and the transferor shall return the transferee of the equity,and the rules for the termination of the installment sales contract shall be applied when the transfer is terminated.The above approach not only ignores the personal aspect of equity,but also goes against the internal logic of the Organic Law,resulting in many problems that cannot be properly resolved,such as whether the right of first refusal can be applied during the return of equity,and what to do when equity cannot be returned.Wait.The reason for the above problems is that the referee ignored the dual attributes of equity and personal and property.After the completion of the equity transfer contract,the transferee not only obtains the economic benefits generated by the equity,but also obtains the status of a shareholder and participates in the company’s decision-making and business.eligibility for governance and,over time,a growing trust relationship between the assignee and the other shareholders of the company.Therefore,in the process of drawing up the equity transfer contract,both parties to the equity transfer should fully predict the legal risks that the contract may be terminated,and take precautions in the contract.The design of the rules for the termination of the legal effect of the equity transfer contract should not only involve the property aspect,but also consider the "personality" aspect of the limited liability company.Therefore,it is necessary to adhere to the construction idea of organically combining behavior law and organizational law,in addition to dealing with equity In addition to the differential effect of the rescission of the transfer contract,it can also clarify the criteria for determining that the equity is not suitable for reversal.If the equity must be reversed,the pre-emption rights of other shareholders of the company should be excluded.