由于对公司章程和公司法性质的认识不同,人们在公司股东签定的违反公司章程规定条件的股权转让合同的效力问题上存在较大争议。对股东签定的违反公司章程规定条件的股权转让合同的效力,不能简单地一概认定为无效或有效,应区分有限责任公司与股份有限公司根据公司法规则进行分析。 Due to the different understanding of the articles of association and the nature of company law, there is much controversy over the validity of the contract of share transfer that is signed by the shareholders of a company in violation of the conditions stipulated in the articles of association. The validity of the contract of equity transfer signed by shareholders in violation of the provisions of the Articles of Association can not be simply invalidated or validated. The limited liability company and the limited liability company should be distinguished according to the Company Law.