Research On Possession In Good Faith Of Limited Company’s Stock

In order to correctly apply the Company Law, a more effective solution to theproblem of practice，the Supreme People’s Court came up with Explanation Ⅲof Company Law.This explanation was further provides for the establishment of thecompany, investment, equity transfer and other issues.In particular the introduction ofthe property law in the system of bona fide acquisition.At this point, the Equity BonaFide Acquisition finally Legislative finalized in certain extent.Today, shares acquired in good faith system has been implemented for more thantwo years, to solve the nominal share holders disposal with no rights and one sharewith two selling shall problem plays an important role in the dispute.However, theExplanation Ⅲ of Company Lawstates that can refer to the provisions of the PropertyLaw Section106deal and in this simple "reference" cause a lot of problems.Equity asan independent type of right belongs to not only property right but also personal right,so equity itself can not merely copy the system of acquisition in good faith of realright.In this direct reference case, it is difficult to judge the shares acquired in goodfaith.Simply apply also cause damage to the company of people together, damage tothe company ’s stability and long-term benefits.Through these years of practical cases,the author thinks that the first recognized theoretically before considering the specificprovisions to improve equity acquisition in good faith.Characteristics of both equitytransfer.In the perspective of the concept of equity interests equity acquired in goodfaith to resolve the fundamental problem.Such as changes in patterns of equity, goodfaith judgment standards.To bona fide acquisition system can be correctly applied theequity transfer of leaving disputes justly and properly addressed.The main body of this paper consists of three parts, besides introduction andconclusion, the text has the following several aspects.The first chapter introduces the theoretical basis and the system of bona fideacquisition of equity.The doctrine of commercial appearance theory, that the system ofbona fide acquisition of equity and the property acquired in good faith with the sameroot certain.Then analyzed equity applicable to bona fide acquisition system and thereal right has difference, it is concluded that equity in good can’t simply refer to therules of the real right in good.The second chapter analyzes the shares acquired in good faith in reference to theprovisions of the real right.Through the analysis of the problem, raises below to the discussion on the mode of changes in equity and in good faith judgment.In theabsence of clear rules led to the good faith system used on the trouble.The third chapter focuses on the improvement of equity of bona fide acquisitionproposal.Mainly around a few fundamental questions,including the determination ofchanges in equity model, a clear good faith criterion, good faith judgment point.In theperspective of the concept of equity interests, taking into account the interests ofbona fide third party interests and the company, in order to balance the interests of allparties to find a more reasonable solution ideas.To put forward some improvementmeasures in order to better guide the judicial practice.The conclusion part summarizes the full text.