The Problems And Rules About "Equity" Transfer Of The Actual Investors

In the social life,along with the commercial trading behavior is more and more complicated,the problems arising from the transfer of share transfer under the capital contribution of hidden name are the problems that have to be solved.If it is not clear what kind of rules should be applied to the "equity" transfer of the actual investor,it will lead to the chaos of the transaction order,and the legitimate rights and interests of the actual investors or the third party are easily infringed.The company law of our country does not make provisions on the investment of hidden names,and it is of great practical significance to define the problem of implicit capital contribution in the part of the company law interpretation(iii).However,there are still a lot of legislative gaps in the transfer of "equity" by the actual investors,such as the way of ownership change and the determination of the effect,and how to resolve the disputes involved in the change of ownership.Therefore,under the current company law system,what kind of rules should be applied to the transfer of "equity" of the actual investor of a limited liability company,and the status of various subjects involved in the transfer process is a question worth discussing.Based on the relevant provisions in the judicial interpretation of the company law and relevant judicial precedent,this paper attempts to analyze the advantages and disadvantages of the shareholder qualification confirmation theory in the hidden investment relationship,so as to further explore the nature of the "equity" transferred by the actual investor.So far,the theory of shareholder qualification is a matter of substance,form,and distinction.After analyzing the merits and demerits of the three theories,this paper combines the current legal provisions on the investment relationship of implicit names,to judge the qualification of shareholders based on the distinction between the theory and the actual situation.At the same time,the dormant investment relations involves many subjects,such as the actual investor,in the name of shareholders,company and other shareholders and creditors,this paper attempts to analyze the role or influence of the main subject in the transfer process of "equity".There are so many problems involved in the transfer of "equity" of the actual investor,which cannot be explained one by one.Therefore,this article analyzes the important issues.The status of the nominal shareholder in the transfer of the actual investor's "equity",and whether he agrees to transfer or not will affect the transfer of "equity" ? If the other shareholders of the company do not agree with the external transfer of the actual investor "equity",what impact will it have on the "equity" transfer? What is the registered obligation of the company in the transfer of "equity" of the actual investor? Is it possible to exercise subrogation for the actual contributor creditor? Is it possible for a nominal shareholder to be protected by Rechtsschein Theorie? When the "equity" of the transfer is a defective capital contribution,which subjects can the company's creditors claim? This paper mainly adopts case analysis and method analysis.First of all,in practice,equity transfer is different because it involves multiple subjects.This paper outlines the actual investor "equity" transfer mainly relates to the problem,and collect to comply with relevant cases for reference and research situation,in order to find out reasonable equity transfer dispute resolution mechanism.Second,the dispute resolution of the transfer of the actual investor "equity" must find the corresponding legal basis.This paper analyzes the advantages and disadvantages of the existing legal system in the company law and contract law,in order to improve the existing implicit capital contribution system.Company law interpretation(iii.)has carried on the preliminary definition of dormant investment relations,but not specific existing regulations,dormant investment system has not yet been established,it needs to be perfected by the legislature and judicial organs.In the modern society,where business transactions are increasingly developed,the instinct of businessmen to avoid harm has resulted in an endless supply of hidden investment.It is a question to consider how to balance the interests of the main parties of the hidden name on the basis of the convenient and fast transaction.