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优先购买权,又称先买权,指特定的民事主体依照法律规定享有的在同等条件下先于他人购买特定标的物的权利。有限责任公司股东的优先购买权是指股东享有的优先购买其他股东拟转让股权的权利。我国《公司法》第72条规定了有限责任公司对外转让股权时,其他股东享有同意权并相应地在不同意转让时负有购买股权的义务,法律同时规定其他股东享有优先购买权。
The preemptive right, also known as preemption, refers to the right of a particular civil subject to purchase certain subject matter before others under the same conditions as the law provides. The preemptive right of a shareholder of a limited liability company refers to the right of the shareholders to preempt the other shareholders’ equity interests to be transferred. Article 72 of the Company Law of the People’s Republic of China stipulates that when a limited liability company transfers its equity to other countries, the other shareholders shall have the right of consent and accordingly shall have the obligation to purchase the equity when they do not agree to the transfer. The law also prescribes that other shareholders enjoy the preemptive right.