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Limited Liability Company Exit Mechanism

Author: LinQiu
Tutor: WangJiaHui
School: Heilongjiang University
Course: Economic Law
Keywords: Limited Liability Company Shareholder Withdrawal
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


Since the limited liability company is influenced by the“Majority Voting”principle and the“blockade”characteristic of the company, usually minority shareholders can not smooth out the company with suppressions of major shareholders. In 2005, as the“Company Law”of PRC amendment there were some institutional arrangements made for the problem solution. Nevertheless, comparing with more mature withdrawing machanisms in other countries and the realty complex of company practice, the provision of China is still not consummate, with operability lacking of. To the practical necessity and the theoretical foundation of limited liability company shareholder withdrawing as a start point. According to the comparative analysis of foreign relative legislations and judicial practices, inadequate provisions were pointed for the limited liability company shareholder withdraw machanisms of China current“Company Law”. Moreover, on the basis methods and ways were explored for the machanism improvement. It is expected that the machanism running better in Chinese company, with the legitimate interests of shareholders would be further protected.

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