Research On The Enforcement Of Equity In Limited Liability Company

Coercive execution of equity in a limited liability company means that the shareholder and creditor of the limited liability company apply to the people’s court for the compulsory transfer of the equity held by the shareholder in accordance with the effective legal document.Because the limited liability company has the characteristics of "personality",the court will inevitably affect the stability of the limited liability company’s governance structure during execution.How to balance the interests of creditors and the stability of the corporate governance structure has become a people’s court.question.In judicial practice,due to imperfect laws and regulations on the basis of equity enforcement,there are still cases where the people’s courts have different interpretations of the judicial interpretation of the basis for equity enforcement,resulting in "different treatment of the same case".Coercive execution of equity in a limited liability company involves both execution procedural issues and the handling of substantive issues related to equity.Although the Provisions of the Supreme People’s Court on Several Issues Concerning the Enforcement of Equity by the People’s Court has made special provisions on equity compulsory execution,This regulation mainly regulates the procedures for the enforcement of equity interests.Issues such as entrusted equity execution,shareholder preemption rights and defective equity execution,which are closely related to the subject equity to be executed,are rarely mentioned.Current laws,regulations and judicial interpretations It is still not enough to deal with the increasing share enforcement problems in judicial practice,and these problems need to be studied in depth theoretically.This paper mainly focuses on the enforcement of entrusted equity,the exercise of shareholders’ preemptive right and the enforcement of defective equity,which are closely related to the realization of equity value in the limited liability company’s equity enforcement.First of all,it analyzes the general theories such as the meaning and nature of the limited liability company’s equity,the connotation and rationality of equity enforcement,and the principles of equity enforcement.Secondly,using the empirical analysis method and the case analysis method,the judicial practice of whether the actual investor in the enforcement of the entrusted equity holding of the limited liability company in my country can exclude the enforcement by the creditor of the named shareholder,the exercise of the shareholder’s preemptive right in the enforcement of the equity,and the enforcement of the defective equity.Analysis of the existing dilemma;thirdly,the reasons for the dilemma in the limited liability company’s equity enforcement are analyzed in detail,and the research finds that the main problems existing in the people’s court’s enforcement of proxy equity include inconsistent standards for judging the ownership of proxy equity,and the application of the principle of commercial appearance.Conflicts and disputes over the scope of the “third party” stipulated in Article 32 of the Company Law;disputes concerning the determination of the “equal conditions”of the shareholder’s pre-emptive right in the enforcement of the shareholder’s pre-emptive right and the way of exercising the shareholder’s pre-emptive right are outstanding.;The main problems in the enforcement of defective equity are that the obligor of supplementary payment is not clear,and whether the assignee of defective equity can be enforced.Finally,in view of the problems existing in the equity enforcement of limited liability companies in my country,specific suggestions for improving the equity enforcement of limited liability companies in my country are put forward: in the enforcement of Shareholders’ right of first refusal,we need to balance the interests of actual investors and creditors of famous shareholders,prudently apply the principle of commercial externalism,limit the scope of "third party",and improve the rules for the exercise of shareholders’ preemptive right in equity enforcement,make it clear that the supplementary payment obligor in the execution of defective equity can list the transferee as the joint executee,so as to better solve the difficult disputes of equity execution in judicial practice.