A Number Of Issues To Deal With Disputes In Equity Research

While the company diversified types of litigation,but they have to share action-oriented. The shareholders that are qualified to deal with disputes the basis of equity;The transfer of equity stake in the dispute is reflected in the main form; Shareholders the right to exercise in particular small and medium-sized shareholders the right to exercise a growing concern,in particular, is subject to the protection of the object.In this paper, "the National Court of Theory and Practice of Law Forum" as an opportunity to,from the perspective of trial practice,in conjunction with the trial practice of typical cases, that the qualifications of shareholders, shareholders equity and the exercise of the right to transfer the existing problems carry out the analysis, research and summed up,Or a representative of the controversial issues of thinking and put forward their point of view.This paper describes the first part of the company is facing the plight of the proceedings. In the past two years the courts, the company increased cases, the type of cases gradually diversified, the commercial officer at the same time people have tried in practice, obviously feel that this experience was relatively small, in the course of the trial is facing some difficulties. First, it is difficult to determine point of judicial intervention. Second, the legal relationship is difficult to rationalize. Third, and the executive power of convergence is difficult. Fourth, the company difficult to apply to the proceedings. Fifth, the results appear difficult to implement. Sixth, the lack of trial experience, difficult to adapt to the court hearing. As the company is the people's court proceedings and commercial work trials in recent years, the rapid development of the emerging field can learn from this lesson of the less experienced trial. Law on the company's creditors and shareholders to protect the interests, the company's internal management structure of the norms and so on, in terms of breadth or depth have made great progress and improvement of the legal reserves are also more complex.This article describes the second part of the eligible shareholders of the problems identified. Shareholders eligible for the Company Law that is cases often involved in the issue, not only in the simple recognition of the shareholders eligible to appeal, in the shareholders the right to dispute the transfer of ownership disputes in the litigation, the parties are likely to dispute. Therefore, the shareholders eligible for the problems identified in the lawsuit the company has an important position. The reason why in the course of the case that shareholders are more difficult to identify qualified, in addition to the lack of a clear definition of company law, company law on the definition of inconsistency, mainly due to the shareholders of the companies set up investment and transfer of non-standard operating hours. These irregularities in the legal point is that when the shareholders have no real meaning that only in appearance with the name of shareholders; when some shareholders have said that the true meaning, but not in the appearance of a shareholder point of view; Some shareholders did not fulfill the obligations and enjoy the rights of shareholders, some shareholders to fulfill the obligations but not enjoy the rights of shareholders. As a result, the trial practice gave rise to the eligible shareholders of the problems identified.The third part of this article discussed the issue of the exercise of the right of shareholders. As a small shareholder of the company's relatively small investment, the company's management has been in a weak position and understanding. On the contrary, the majority shareholder to use its legal status and have the legal power to manipulate the shareholders or board of directors, pushed the fight against conflict with its small and medium-sized shareholders, with the result that the legitimate rights and interests of small and medium-sized shareholders is at stake. It is based on the above reasons, the right of shareholders to bring lawsuits mostly small and medium-sized shareholders, so how to protect the legitimate rights and interests of small shareholders also need to be solved and trial practice. For example, small and medium-sized shareholders the right to know the problem; the right to know the provisions of the law unclear, even inadvertently, this practice has brought the trial to a certain degree of difficulty. Another example is the mandatory dividend distribution problems.According to the "Company Law" of the 35th article stipulates that the shareholders should be paid in accordance with the investment proportion of the dividend rights of access points, that is, to shareholders of the right, this is an important shareholder rights, no one shall be deprived of illegal or restricted. According to the "Company Law" the 38th, 47th article stipulates that the development of the company's terms of distribution of profits attributable to the board of directors approved the distribution of powers vested in the shareholders. Therefore shareholder deterministic does not have the right to request the distribution of dividends.Only the distribution of the resolution approved by the shareholders to make the distribution of the right to request a reality, its dividend distribution of the right to request legal right to request the court to get support.The fourth part of this article discussed the case combination of equity transfer. The transfer of shareholder equity is often the exercise of options and ordinary manner, and as a result of the transfer of shares took place in the controversial aspects of company law in a large number of lawsuits, so the court's proceedings also has a higher proportion. For example, on the equity transfer contract that the effectiveness of the problem, leading to the transfer of ownership limited liability company shareholders the number of people over 50, whether the impact on the effectiveness of the equity transfer contract?"Company Law" Article 24 should be a guiding norm, rather than mandatory rules, and only refers to limited liability companies set up when the number of shareholders. Limited liability companies set up after the number of shareholders should be decided by the shareholders of self-government. As a result, the transfer of ownership resulted in a limited liability company shareholders the number of people over 50, can not be in violation of the "Company Law" the 24th article on the grounds that the transfer of ownership of the contract null and void. Even if the shares concerned that the transfer of limited liability company led to the number of shareholders of more than 50 people, between the shareholders of the co-author of damage to endanger the operations can not be that the transfer of ownership of the contract null and void. There are also flaws in the effectiveness of the equity transfer contract how to identify problems; enterprises with foreign investment stake in the transfer of special rules on hand to assist with the transfer of ownership of the examination and approval procedures and change, whether or not the contract for the party's legal obligations and so on.Court is the guardian of an important law, company law and is important for stimulating national economic growth engine. Although the modern law's deep-rooted relations between the legislative voluminous document, as long as service-oriented, the People First referee for the purpose of the law firmly grasp the essence of the soul and to continuously strengthen the expertise, Shensimingbian and innovation, the company must be able to overcome Difficulties in litigation, real analysis was done with reason, are out of victory or defeat.