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Study on the Exit Mechanism for Shareholders of Limited Liability Company and Its Improvement

Author: Zhang
Tutor: LiQiang；YuWeiTong
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Exit Of Shareholders Of Limited Liability Company Equity Transfer Equity Repurchase Judicial dissolution
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 42
Quote: 0
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Abstract


Limited liability company has two features:co-owned and co-author. If the shareholders are lack of trust, the companies will be unsustainable. Therefore, we must give the shareholders a good exit mechanism to avoid deadlock before the company is in trouble. If there is mutual between the shareholders, there is not only a waste of internal resources, but also damaging to the external resources. In addition, due to the limited number of small shareholders, there may be the confusing phenomenon of management and ownership. If not resolved to the company’s governance issues in time that may affect the company’s internal interests and the outside interests.This paper analyzes the theory of limited liability protection of shareholders, the exit mechanism and the protection of the shareholders’rights. By exploring the value of limited liability company, it reveals the need to exit mechanism for shareholders.Then, it compares the legislative cases. According to exit mechanism for shareholders of limited liability company, it forms the system-level arrangements and constructs of the three equity transfer, equity repurchase and judicial dissolution.This paper is based on the recovery of shareholders of limited liability company. It researches the rights of property of exit mechanism and the interests of protecting the value, and deathly analysis of the exit mechanism for shareholders of limited liability companies. Corporate governance can be well protected which must needs a good exit mechanism As a result, it will better avoid the long-term locked stalemate of shareholders.Therefore, this paper will build out the practical application of a more perfect system of level of the share transfer, share repurchase and judicial dissolution.

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