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Analysis and Reflection about the Limited Liability Company Shareholder’s Withdraws Mechanism in China

Author: WangShiChen
Tutor: HuZuo
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Limited Liability Company shareholder’s dilemma withdraw right
CLC: D922.291.91
Type: Master's thesis
Year: 2013
Downloads: 42
Quote: 0
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Abstract


Limited Liability Company is a commonly used form of company organization.This paper mainly studies on the mechanism that How the company shareholders to withdraw from the company when they get into shareholders’dilemma. The core is shareholders’withdrawal right. This paper introduces the meaning and concept of the shareholder withdraws mechanism of the limited liability company, and then elaborates the status and shortcomings this mechanism in our country. Finally we make suggestions about the shareholder withdraws mechanism of the Limited Liability Company in China, by analyzing comparatively the development status about the theory and system in America and Germany.This paper consists of four chapters without the introduction and conclusion:The first chapter introduces the meaning of shareholder withdraw mechanism and concept of withdraws right in Limited Liability Company. Then analyses the shareholders’dilemma and its cause, which is the realistic basis of shareholder withdraw mechanism, to illustrating the necessity and jurisprudential basis of it.The key point of the second chapter is the development status and shortages of shareholder withdraw mechanism in China. The study in China starts lately and we didn’t have the withdraw mechanism in our Company Law until it’s revised in2005. There are lots of shortages in the Company Law and the legislative thinking is conservative.We still need a mount of research work at the present stage.The third chapter introduces the development process and legislative status of limited liability company (close corporation) shareholder withdraws mechanism in America and Germany, which is the representative country of common law System and civil law system respectively. It also introduces the process and method which is widely accepted in practice,such as the method to pricing the reasonable share value. As the foreign research is one century earlier the china, it’s significant to make this comparative analysis. At the end of this chapter, the writer makes a comparison about the withdraw mechanism between two countries, to summary the experience and methods which are worth learning from.The forth chapter is based on former three chapters. It starts from the current situation about the shareholder withdraw mechanism in China. Then we learn from foreign advanced theory and system experience to table legislative proposals on consummating and filling the void in existing law.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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