The Bona Fide Acquisition Of Limited Company’s Equities

Stock equity as an important form and carrier of the modern social wealth, Stockequity transfer has become a general phenomenon of social wealth transfer, While inthe stock equity transfer process, whether make the use of the system of bona fideacquisition，China’s " company law " does not have " to make specific provisions, butthere is recognition of the need. This paper based on the example of " Cui Hailongand Wuxi glory Ltd. appeal ", In the premise of close combination of theory andestablished case, elaborate the problem in detail the system of bona fide acquisition ofstock equity.In addition to introduction and conclusion, the body of the paper consistsof three parts:Part one is to introduce whether the transfer of shares of limited liabilitycompany may exist in the bona fide acquisition. About whether the bona fideacquisition system of ownership, There are two kinds of views in the trial practice:One is the " positive ", the doctrine consider that the safety and efficiency ofmaintenance for stock transactions, Protection of bona fide third person’s legitimaterights and interests are not infringed, the transfer of shares acquired in good faithshould be generally applicable. Two is the "negative equity ", to register as a publicway, once registered with credibility, Therefore, other people the assignee will notregister other than as equity holders. Continuously improve and perfect the equityregistration system, it can prevent the equity or non-equity disposition persondisposition equity situation. This paper support "definitely", the transfer of sharesshall apply the bona fide acquisition system.Part two is to introduce the constitutive elements of the acquisition of Stockequity. The key component mainly contain: Already signed the equity transfercontract; Third person do not know the nominal holder has no right to transferownership; Third of the nominal holder does not have the assignment of the right toknow is good. At the same time, in the system of acquisition of stock equity transfereeshould also be asked to have the necessary attention obligation in the equity ofgoodwill.Part three, In this case, the stock equity transfer contract shall be established inforce, In accordance with the elements of shares acquired in good faith, the stock equity change has the legal effect of the corresponding, The third person in good faithacquisition of equity. The transferee shall have the right to request the transfer ofshares. The assignee must be legal procedure can obtain the shareholder qualification.The transferee shareholder qualification standard is the change of the register ofshareholders.