Research On Legal Issues Of Equity Holding

Equity holding is popular as a means of commercial transactions because of its legality and simplicity.With more and more cases of proxy holding of equity,the issue of proxy holding of equity in the legal system has become more and more prominent.The author analyzes and studies the typical issues of equity holdings in the civil code and company law.This article will rely on the principle of interest measurement,the principle of publicity and public trust,and the principle of autonomy will provide valuable suggestions for key issues in the field of regulating equity holdings.The first part,which called "Overview of Basic Theoretical Issues of Equity Substitution".The chapter separately elaborates the concept and causes of equity holding,the types and characteristics of equity holding,the theory of legal nature,and the existing legal risks which allow readers to have a preliminary understanding of the basic theoretical issues of equity entrustment.The second part,which respectively have a research and analysis on the issue of equity holdings and the judicial judgment concept of related cases.The current typical problems of equity holdings are the qualification of dormant shareholders,the confirmation of the validity of equity holding agreements,the distribution of interests,and the exclusion of enforcement by actual investors.It is concluded that the essence of the qualification confirmation of dormant shareholders which called the double standard of "different internal and external treatment".The determination of the effectiveness of the equity holding agreement is mainly to distinguish between mandatory regulations and administrative mandatory regulations.The essence of the actual investor can exclude the issue of enforcement in the execution objection lawsuit of the outsider is to distinguish "third party" and "good faith acquisition".The third part,which puts forward suggestions on the legal regulations in the field of equity holdings.Strengthen regulations,improve the naming procedures,build a trust system for equity holdings,and learn from the experience of trust system construction in the Commonwealth and American law systems,and gradually promote the full coverage of trust models in the field of equity holdings,and safeguard the rights and interests of both parties.