How to inherit the death of a limited company shareholder?

After the death of shareholders of a limited company, family inheritance can be divided into several situations: 1. If there are no other provisions in the Articles of Association, after the death of a shareholder, the legal heir of the natural person shareholder can inherit the shareholder qualification. 2. Where there are provisions in the articles of association, reference shall be made to the provisions in the articles of association. 3. In the case that other shareholders do not agree that someone inherits the qualification of the deceased shareholder, the equity is generally handled by means of equity transfer.

Legal analysis

The exception of equity inheritance right is based on the coexistence of capital and humanity of limited liability companies. A good trust relationship between shareholders is not only an indispensable credit basis for the company, but also the basis for the healthy operation of the company. If a shareholder's successor is incompetent or has personality problems, it will be difficult to establish a good trust relationship with other shareholders, which will also seriously affect the cooperation between shareholders and the company's business development. To sum up, if there is no provision in the articles of association prohibiting the succession of shareholders' qualifications, the legal heirs have the right to inherit the equity. If the company's articles of association have exceptions to the qualifications of heirs, the heirs of deceased shareholders naturally cannot become shareholders of the company. Legacy is the personal legal property left by citizens when they die, including: citizens' income; Citizens' houses, savings and daily necessities; Citizens' trees, livestock and poultry; Cultural relics, books and materials of citizens; The law allows citizens to own the means of production; Copyright and patent rights in citizens' property rights; Other lawful property of citizens.

legal ground

Article 75 of the Company Law of People's Republic of China (PRC) * * * After the death of a natural person shareholder, his legal successor may inherit the shareholder qualification; However, unless otherwise stipulated in the articles of association.

People's Republic of China (PRC) Civil Code

Article 133 A natural person may make a will and dispose of his personal property in accordance with the provisions of this Law, and may designate an executor. A natural person may make a will to designate personal property to be inherited by one or more legal heirs. A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir. A natural person may establish a testamentary trust according to law.

Article 131 The estate may be distributed to the dependants other than the heirs or to those who have more dependants than the heirs.