Reflection and Reconstruction of the Equity Change Model of Limited Liability Companies
The purpose of equity change is always to obtain the complete equity and become a shareholder of the target company without doubt.Therefore,it is necessary to clarify the participation path of the remaining share-holders in equity change.The current theory of equity change model focuses on protecting the circulation of equity and ignores the problem of exercise after equity acquisition.According to the theories of the organization of equity change behavior,the contract of the company,and the inseparability of equity,the intention of shareholders to in-tervene in equity change is justified,and the model of equity change which requires shareholder approval to take effect is put forward.On the system construction,from the perspective of other shareholders,the transferor,the transferee,and other stakeholders,adopting"permission rules"as the way of shareholder to intervention claims that execution of contract only creates the effect of the debt.The transferee shall obtain the shareholder qualification upon the approval of the other shareholders,and the capital joining of the company and rights and interests of the transferee are safeguarded through the corresponding system.
equity change modelshareholder approvalexercise of equity