Research On The Legal Issues Of The Equity Holding Of Limited Liability Company

The phenomenon of holding shares on behalf of limited liability companies first appeared in the reform of state-owned enterprises in China.Due to the limited number of limited liability companies,many people chose to hold equity holdings in order to hold shares in limited liability companies.In recent years,with the continuous development of the economy,we know that limited liability companies have the characteristics of closed and human compatibility compared with listed companies in terms of organizational structure.The situation of equity holdings mostly occurs in limited liability companies.However,the "Company Law" and related interpretations do not provide for the nature of equity holdings,the confirmation of shareholder qualifications,and the ownership of equity,which are key issues related to equity holdings.They only provide judgment ideas for common problems of equity holdings.The actual problems are complex and changeable.Although the "Interpretation of the Company Law(3)" provides judgement ideas on related issues of equity holdings,research on equity holdings still needs to start with the essence of equity holdings,conduct in-depth research,and explore equity holdings.What is the most fundamental reason for disputes,so as to form a good dispute resolution mechanism for equity holding.This article studies the legal issues in the equity holdings.The premise of the research is to research and analyze the nature(effectiveness)of the equity holdings and the confirmation of shareholder qualifications.Finally,the effect of the nominal shareholder’s unauthorized transfer of shares under his name And the ownership of equity is studied.So these three aspects are progressive,and the latter is discussed and analyzed on the basis of the former.This article first starts from the basic concept of equity holding and the reasons for holding equity as an entry point,and explores the relevant basic concepts of equity holding.Equity holding refers to the fact that the actual investor reaches an agreement with the nominal shareholder based on an investment or other purpose.An investment activity in which the name or name of a nominal shareholder is used to invest in a company.The external registration shows the name of the nominal shareholder,and the actual investor enjoys the equity and obtains income.However,through in-depth research,the concept of shareholders is not clear in Chinese law,nor is it clear what the criteria for obtaining shareholder qualifications are.The second part counts the cases of limited liability company equity holdings,and studies how the disputes of limited liability company equity holdings are handled in judicial practice,and the legal relationship of equity holdings.The third part analyzes the judicial status quo of entrusted equity holdings.At this stage,my country’s law does not provide a more systematic and comprehensive regulation on the issues related to entrusted equity holdings,and the main reasons for the issue of entrusted equity holdings are: First,entrusted equity holdings The nature of is not clear.Second,there are various certification documents for shareholder qualifications.Third,the validity of the transfer of equity shares by nominee shareholders under equity holdings and the determination of equity ownership are not comprehensive.The fourth part puts forward the three problems and reasons of the third part about the equity holdings and the suggestions to improve the equity holdings system.The nature of the equity holdings adopts the principal-agent theory to deal with the related problems encountered in the equity holdings.And the entrusted agent here is a hidden indirect agent.At this time,the name or name of the nominal shareholder is displayed in the external certificate of rights(register of shareholders,industrial and commercial registration).When the transaction occurs,the nominal shareholder is entitled to the equity in appearance.At this time,the third party needs to conduct a rigorous investigation and review of whether the nominal shareholder is the real right holder.Whether the good faith acquisition can be applied depends on whether the third party has fulfilled reasonable investigation obligations.If it does not meet the good faith acquisition,Apparent agency rules can also be used to deal with the disposition of equity by nominal shareholders,and the actual investor can only pass an agreement with the nominal shareholder in order to protect his own interests after his interests have been lost.The third person here is only a third person based on a transaction with a nominal shareholder,and does not include a third person that is not based on transaction behavior.Therefore,it is necessary to find a balance between the protection of the third party’s trust interest and the actual investor’s interest.