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The Studies of the Transferability of Shareholders Right of Inadequate Paid-in Investment of Limited Liability Company

Author: LiuShiKuan
Tutor: ZhangZuo
School: East China University of Political Science
Course: Legal
Keywords: Limited liability company Inadequate paid-in investment Shareholders right transfer
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 0
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Abstract


The system of paid-in investment by installment,which was established in our present Corporation Law,has made the shareholders right of inadequate paid-in investment and its related problems during the transfer present a special complex state. As our new Corporation Law lacks of appropriate matching rules to solve some new problems arise, the transfers of shareholders of the inadequate paid-in investment are facing the judicial practice challenges during the paid-in investment period.For instance: How should the shareholder’s rights of the inadequate paid-in investment’s be limited reasonably? Whether this kind of shareholder’s rights can be transfered, how to recognize the transfer agreement potency of this kind of shareholder’s rights? Whether this kind of shareholder’s rights’ transfer must follow some special transfer procedure rules, how to determinate its transfer prices and what the legal consequences will be followed and so on. If these questions cannot be solved clearly in the legal rules, they will create the confusions in the present judicial practice inevitably. In view of the fact of this,according to the basic theory of the Corporation Law and the Civil Law, the paper gives the main analysis to the transfers of shareholders of inadequate paid-in investment under limited liability company and put forward the relevant legal rules to improve the proposal.Addition to the introduction and the concluding remark, the paper is composed of three chapters: Chapter I is "The new problems of transfers of shareholders’right of inadequate paid-in investment under limited liability company ";Chapter II is "Analysis of a number of legal issues according to the transfers of shareholders’right of inadequate paid-in investment of limited liability company "; Chapter III is" The perfect proposal of legal rules of the transfers of shareholders’right of inadequate paid-in investment under limited liability company. "Chapter I analyses a series of new problems about the transferability of shareholders right of inadequate paid-in investment and the analysis of the " Corporation Law" rules of design deficiencies based on the actual case.Chapter II provides discussions of whether shareholders right of inadequate paid-in investment can be transfered ,how to transfer and the arrangements of paid-in subsequent investment duty.Chapter III provides the proposes of the measures to improve the regulations of the transfers of shareholders of inadequate paid-in investment combining with the target designed to the rules.

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