| Anonymous shareholding on behalf is a kind of investment mode which adapts to the freedom of commercial transaction,broadens the investment channels of investors and stimulates the investment vitality under the market economy.But at the same time,anonymous shareholding on behalf of others also leads to new problems in the transfer of stock rights on behalf of others,which focus on how to judge who is the legal subject of stock rights transfer,who has the right to dispose,and how to remedy or protect the rights of relevant subjects Although the judicial interpretation of the company law(3)provides for the issue of holding shares on behalf of limited liability companies,there are differences in the views of the theoretical circles and the handling methods in judicial practice.Therefore,starting from the causes and types of the holding of shares on behalf of limited liability companies,this thesis analyzes the legal relationship between various related subjects in the state of equity transfer,solves the problem of determining the effectiveness of equity transfer,protects the rights of related subjects,and improves the rules of equity transfer.This thesis adopts the structure of total score.On the basis of the first chapter,the second,third and fourth chapters respectively explain the basic problems of equity transfer in equity holding,and the fifth chapter puts forward some improvement measures.In the part of content writing,the first chapter is an overview of the holding of shares on behalf of a limited company,which mainly introduces the causes and types of the holding of shares on behalf of the company,as well as the legal relationship between the relevant subjects in the transfer of shares on behalf of the company.The second chapter analyzes the standard of shareholder qualification confirmation.By analyzing the differences of three theories in the theoretical circle of our country,combined with the analysis of the standard of shareholder qualification confirmation in foreign laws,it is clear that this thesis takes the formal elements as the standard of shareholder qualification confirmation.The third chapter analyzes the differences between the nominal shareholders and the actual investors in the effectiveness of the transfer of equity,respectively,from the relevant legal provisions,the mainstream point of view in the theoretical circle,and the judicial practice.It is clear that the nominal shareholders have the right to transfer,and the actual investors have no right to transfer.The fourth chapter analyzes the problems existing in the transfer of equity between nominal shareholders and actual investors.The fifth chapter discusses the improvement measures of equity transfer in the process of equity holding,from the judgment of the establishment of equity holding,the effectiveness of equity transfer in the process of equity holding,to the protection of the rights and interests of the relevant subjects in the process of equity holding,forming a complete system of equity transfer rules. |
