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我国《公司法》第35条规定:“股东向股东以外的人转让其出资时,必须经全体股东过半数同意;不同意转让的股东应当购买该转让的出资,如果不购买该转让的出资,视为同意转让。经股东同意转让的出资,在同等条件下,其他股东对该出资有优先购买权。”该条规定是有限责任公司股东享有优先购买权的法律依据。近年来,股东行使优先购买权产生的纠纷日益增多,迫切需要《公司法》的调整。但是《公司法》的上述规定却过于简单,缺
Article 35 of the Company Law of the People’s Republic of China stipulates that: “When a shareholder transfers his or her contribution to a person other than the shareholder, it must be approved by a majority of the shareholders; a shareholder who disagrees with the transfer shall purchase the capital contribution for the transfer, and if the transfer is not purchased , As the consent of the transfer.Contributions by the shareholders agreed to transfer, under the same conditions, other shareholders of the investment has a preemptive right. ”This provision is the limited liability company shareholders have the right to buy the legal basis. In recent years, the number of disputes arising from the exercise of preemptive rights by shareholders has been increasing, and the “Company Law” adjustment is urgently needed. However, the above provisions of the “Company Law” are too simplistic and lacking