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Limited liability company equity bona fide acquisition

Author: HeWenTao
Tutor: ZhuXiaoJuan
School: China University of Political Science
Course: Legal
Keywords: Equity acquired in good faith Constituent elements The force of law Specific circumstances
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 308
Quote: 2
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Abstract


Common to the heads of practice Co., Ltd. shares acquired in good faith as the research object. Comprehensive use of the comparative method, historical and empirical analysis, Co., Ltd. equity in good faith to obtain the theoretical basis for the interpretation of the basis, analyzes Co., the constituent elements of equity acquired in good faith, equity acquired in good faith applies when exceptions and other issues. This paper attempts to goodwill achieved through Co., options to docking it with civil goodwill Acquisition System, a relatively sound institutional framework, in order to better solve Co., Ltd. equity acquired in good faith shall not clear the legal disputes, and promote the healthy, orderly and coordinated development of China Co., Ltd. equity market. The three parts of the text, including the introduction, body, conclusion. The introductory section describes the origin of the writing of this article, the background, the significance of the topic, research methods, and the whole idea. The body part includes three chapters. The first chapter is the basic theory of the equity acquired in good faith. Shoji acquired in good faith in the theoretical basis, taking into account some particularity, the author (effective) theory of the theory of transaction security, transaction costs, in particular the rights of the appearance of the theory to support equity acquired in good faith. To analyze the convention from the external laws and internal regulations the Restraints in equity acquired in good faith, the law, mainly from the of Interest mode and the shareholders' pre-emptive rights acquired in good faith to analyze. Chapter II constituent elements for equity goodwill acquired the force of law. This chapter made under the Property Law in good faith as a basic reference on the constituent elements of the equity acquired in good faith: first, the grantor shall be the right disposition options; Second, the transferee shall be in good faith and without gross negligence here The burden of proof issues exist to determine the time of goodwill and good faith; reasonable price transfer of ownership; fourth, the transferee has been registered as an option. Legal effect mainly discusses the equity acquired in good faith to the original shareholding people, the right disposition, bona fide third parties, the company and other shareholders have the force of law. Chapter III as equity in good faith to obtain the specific applicable exception. This chapter discusses the specific circumstances of the equity acquired in good faith: to an undisclosed funded nominal shareholder to transfer the goodwill acquired; shareholders qualification documents conflict acquired in good faith;, share sell \continuous transfer of ownership acquired in good faith; spouse unauthorized transfer of ownership acquired in good faith. The exceptions: First, the transfer of ownership false capital contribution in good faith to obtain;, dry shareholders to transfer their ownership acquired in good faith; Third, the free transfer of equity acquired in good faith; bogus registration situation, the transfer of ownership acquired in good faith. The final conclusion of the emphasis on the equity interest in the limited liability company acquired in good faith not only need to have a reality, and also has the theoretical feasibility. Therefore, the goodwill of equity interest should be established, in order to maintain the coherence of the legal, safe and orderly maintenance transactions, protect the legal interests of balance.

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CLC: > Political, legal > Legal > Chinese law > China and France
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