Theory Of Defective Equity Transfer Of The Force Of Law

The defective share transfer are more representative in share transfer disputes.Combined with the“Company Law”and“Company Law judicial interpretation (Ⅲ)”and based on the broad perspective, this paper put the defective capital contribution anddefective share of dormant investment into the defective share range and probe intotransferring effectiveness systematically.The paper is divided into four parts to discourse systematically. Firstly, anoverview of the defective share transfer contains to define the defective range and probeinto the action, principle of the defective share transfer and effectiveness, which laid thefoundation for the broad perspective. Secondly, discuss the share transferringeffectiveness of defective capital contribution. Through analyzing the causes,manifestations, qualification as a shareholder, and effectiveness of the transferring,concluded the share transferring effectiveness of defective capital contribution isaffected by the mean between the assignor and the assignee. Thirdly, discuss thetransferring effectiveness of dormant investment. Through analyzing the causes,manifestations, qualification as a shareholder and effectiveness of the share transfer,concluded only the named shareholder has the qualification as a shareholder and theeffectiveness of the share transfer varies according to whether reaching the dormantcontribution agreement between the actual investors and named shareholders. Finally,through analyzing the responsibility and rights relief after transfering the defective shareto explore the implementation mechanism of effectiveness of defective share transferfurther.