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Qualification of shareholders in the equity transfer

Author: ZhangHongGang
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Legal
Keywords: Co.， Ltd. Share transfer procedure Equity change point to determine REGISTER OF MEMBERS Industrial and commercial registration
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 171
Quote: 0
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Abstract

The limited liability company share transfer process, the shareholders eligible for the dispute resolution, the reasons of this phenomenon and the Law in China caused by shareholders equity transfer qualification standard requirements are vague and unclear understanding of the theory. Start from the share transfer procedures, the legal significance of the share transfer process is analyzed to clarify the relationship of the program links with the shareholders 'qualifications recognized and focused on the impact of the change of equity within the company register of shareholders' qualifications recognized, as well as internal registration and business registration external registration of different significance. As the basis for the protection of the rights of the relevant interest in the share transfer process are discussed. To determine the eligibility of shareholders equity transfer in the first chapter, the theoretical discussion to prepare for the theoretical, of the sort and Discrimination on the nature and legal characteristics of the equity obtained Option is different from traditional property rights, claims moral rights and other rights enjoyed by the shareholders of the company, a combination of dominance and relative rights, group rights and individual rights, not only has economic benefits but also has a new independent right to participate in the company's content. Based on the equity nature of cognition, to further explore the legal characteristics of the transfer of shares, share transfer has to be type nature, must follow strict procedures, in order to effectively complete, and to avoid disputes arising. The share transfer process consists of the bond behavior of quasi-property rights acts, must comply with contract law, property law, and the provisions of the Companies Act. The share transfer has integrity, only the assignee has a completely self-usufruct, a total of usufruct, etc., including all equity power, equity transfer was finally completed. At the same time, the equity part of the power can be a temporary separation with the shareholders. If the assignor and the assignee is a proof of delivery of shareholder capital contribution in accordance with the contract of assignment, the shareholders 'register of shareholders the right to change requests that the assignor to the assignee, the assignee may hold the transferee's shareholders' capital contribution certificate and transfer of the contract, request the company register of shareholders the changes. The second chapter is the main part of this article. Focus on the criteria of the changes in ownership. First, the existing legal provisions of the equity transfer standards legislation, and brought the practice of confusion. Secondly, some of the typical point of view of the theory and practice of the theoretical discussion. The point of transfer of shares to determine theoretically, there are two main categories: that the share transfer is party autonomy areas, in accordance with the parties agreed on the transfer of shares to the equity transfer standards. 2 that the registration of the significance of a watershed in the equity transfer. Specifically, the meaning of the registered there are three different views: that the changes in the registration of shareholders is the entry into force of the share transfer contract conditions b change of the company's register of shareholders for effectiveness against the third party, including the fight against the company and the company other than the third person. that the shareholders of changes in the registration changes in ownership of the entry into force of. Obtained by comparative analysis of several views of the shares of the shareholders will be registered to change the advantages of effective essential conditions. On this basis, change the registration of the external registration on the register of shareholders of the internal change of registration with industrial and commercial significance were analyzed. The register of shareholders of internal change is the transfer of the bilateral relationship with the company among the scope of the autonomy among the characterization of the significance of changes in ownership among. Change of business the company must be on the administrative law obligations, only a change of business registration, changes in ownership in order to obtain the publicity effect of the whole society, to obtain the effectiveness of the fight against all company equity in the transfer finally completed. Finally, the share transfer process, the legal effect of each program are summarized. The third chapter, the use of the principle explained in section II, around the equity transfer procedures have not been equity alteration registration disputes arising from the protection of the rights of the parties and a third person was discussed.

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