Legislative Exploration And Analysis On Special Equity Confirms

Special equity confirms is a special confirming procedure applied to confirm particular ownership due to the particularity of stock-rights contribution and the exchange roads of shareholder-rights. The division of property is divorce often involves the stock rights co-financed by both husband and wife but held by either spouse, which is of double particularity. Therefore, in the perspective of the equity confirms caused by the property division in divorce the author tries to discuss to problems and solutions of equity confirms in field of theory, legislation and judiciary, which is of practical significance. Focusing on the existing issues of the equity confirms caused by the property division in divorce, the author analyzing the direct and underlying reasons, by discussing the factors of legislation, economy, politics and culture in nature of personality of limited companies, the effect and positioning of all kinds of affirmed ownership and the disputes caused by equity confirms. The author also points out that the segregation of ownership caused by the property division in divorce does not necessarily influence the nature of personality of limited companies, which is beyond the limitation of Marriage Law and the Company Law. The author argues that when dealing with the problem, we should maintain the stability of community legal relationship, stick to the principles of publicity and balance of interest; we should draw lessons from international relevant regulations within the articles of association to improve regulations of the special equity confirms by allowing the equity successors within rightful heirs to confirm and acquire ownership directly and other stock holders has the responsibility to assist to deal with shareholder register; we should bring in diverse Commercial mediation and commercial arbitration resolution mechanism to make up the single relieve approach of special equity confirms, to improve the system of special equity confirms.