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有限责任公司的股权转让涉及到公司股东、公司债权人的切身利益,也关系到市场经济的健康有序发展。在股权转让中,很多公司在章程中对股东转让股权规定一些不同于现行法律规定的条件,使公司章程与公司法股权转让发生冲突,而我国公司法对股权转让过于简单,对实际生活中的冲突问题还不能完全解决,本文对此问题进行了简要的分析和探讨。
The transfer of ownership of a limited liability company involves the immediate interests of shareholders and creditors of the company as well as the healthy and orderly development of the market economy. In equity transfer, many companies stipulate some conditions different from the current laws and regulations in their articles of association, which make the articles of association conflict with the transfer of company law. However, the transfer of equity in our company law is too simple. The issue of conflict can not be completely solved yet, and the issue is briefly analyzed and discussed in this paper.