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Study on the equity transfer of a limited liability company
Author: ChenJieJie
Tutor: ZhengTaiAn
School: Sichuan Academy of Social Sciences
Course: Economic Law
Keywords: Limited liability company Equity transfer Priority
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 124
Quote: 0
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Abstract
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Limited liability company was born in Germany in the 19th century, so far, has become the national economic and social forms of economic organization, based on the unique charm of the limited liability company both owned adhesion and adhesion, \consider how to make reasonable, appropriate regulation of its equity transfer and maintain their co-premise. This article to explore the basis of the basic theory of the equity transfer, combined with the existing Company Law \The author hopes that this opportunity, combing the complex legal relationship between the equity transfer process of a limited liability company, in order to solve the problem of effective programs. Text composed by three parts of the Introduction, body, conclusion, in which the body is divided into four chapters. The first chapter describes the basic theory of the equity transfer of a limited liability company. First expounded the meaning of the features and options of the limited liability company, the nature, clear options is a new kind of civil rights. Second, examine the foreign limited liability company equity transfer system, found that the various countries and regions of the equity transfer restrictions, there is a big difference in the legislative choice, value orientation is the same: maintenance people together, balancing the interests of shareholders. Then trace back the origins of domestic legislation. From both horizontal and vertical equity transfer system, a limited liability company to inspect, this important reference Perfection of a limited liability company equity transfer system. Chapter II, a limited liability company the equity transfer system profiling. First, the analysis of the definition and value of the equity transfer system. Then, the two form of transfer theory with specific analysis of equity inward. Based on this analysis, the number of shareholders in the transfer of foreign law applicable beyond the statutory limit, exercise the right to revoke the agreement of the company's articles of association and shareholders equity transfer contract with the effectiveness of changes in the ownership relations. Chapter Analysis of the shareholders' pre-emptive rights of the limited liability company. Turn of the exercise of shareholders' pre-emptive rights of the limited liability company Legal Analysis, the value of the consideration and analysis of the exercise path. Same conditions account to determine the applicable principles of \I exercise of the shareholders' pre-emptive right part consideration of different reasons to support and oppose the the priority partial exercise problem and analyzed, and put forward their own ideas: should not allow the partial exercise of priority. Chapter, legislative proposals and improvement of the equity transfer of a limited liability company. Concludes the paper on the basis of proposed legislation in principle the recommendations of the author of the equity transfer. Section 72 of the Companies Act, a brief analysis, put forward their own legislation of the Terms perfect advice.
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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