On The Protection Of Creditors’ Rights And Interests In Equity Holding

Equity holding is an act in which the actual investor transfers his own equity to the nominal shareholder free of charge by signing an agreement.In equity holdings,shareholder rights and shareholder qualifications are separated from each other,and this feature determines the complexity of its structure.The complexity of equity holding is mainly reflected in the subjects involved.In addition to nominal shareholders and actual investors,third parties are often involved.When the nominal shareholder and the actual investor have reached an agreement on the equity holding on behalf of the shareholders,the issue of how to determine the effectiveness of the equity holding agreement signed by both parties is very worthy of discussion and research when it involves a third party.The emergence of proxy shareholding has not only greatly expanded the company’s financing channels,but also greatly stimulated the development of the market economy.Therefore,it is necessary to be particularly cautious in determining the effectiveness of the proxy shareholding agreement formed after reaching an agreement.In the case of a bank in Sichuan and the creditors of Zou Mou,Hu Mou,and Zou Mouyou over the dispute over the right of revocation,the parties concerned whether the shareholding agreement signed between Zou Mouyou and Hu Mou is valid and whether the shareholding agreement signed between Zou Mouyou and Hu Mou is valid There is a dispute over whether the transfer agreement should be revoked.Through the analysis of the case,it can be seen that the shareholding agreement signed by Zou Mouyou and Hu Mou in this case is a false expression of intent,which circumvents the reasonable consideration that Hu Mou should pay when the equity is transferred;the equity signed by Zou Mouyou and Hu Mou The transfer agreement is an abuse of the security right.The transfer made the guarantee purpose impossible and seriously damaged the legitimate rights and interests of a bank in Sichuan.On this basis,this article puts forward the viewpoint that the nominee shareholding agreement between Zou Mouyou and Hu Mou is invalid and that the equity transfer agreement signed by Zou Mou and Hu Mou should be revoked.Taking this case as a foothold,this article also proposes that the agreement should be regulated from four parts: standardizing the content of the proxy holding agreement,establishing strict liability for breach of contract,allowing nominee shareholders to truly obtain shareholder status,and allowing other shareholders to subscribe for proxy holdings.Effectiveness;strengthening the protection of the rights and interests of creditors of nominal shareholders and creditors of invisible shareholders;improving the legislative rank of the act of holding equity to solve the related problems arising from the act of holding equity in judicial practice.