Research On Equity Change Of The Nominal Shareholder

Discussion on changes in the nominal shareholder equity related to legal issues in our civil law scholars still in its infancy,in this paper,Based on China’s current legal practice in corporate law, trust law and other legal and regulatory framework, combing the main legal issues related to changes in ownership in the name of shareholders, trying to establish changes in ownership dispute settlement mechanism initiated on behalf of the shareholders, and put forward a sound such legislative proposals problem.Amended in 2014, the "Supreme People’s Court on Several Issues applicable to People’s Republic of China Company Law" Confirmed the effectiveness of the funding agreement and anonymous names, configure real responsibilities of both parties, in the name of shareholders as well as the effectiveness of sanctions under the name of equity general equity transfer of foreign rule and other issues based on practical experience, has important theoretical and practical significance. But changes in ownership on behalf of the shareholders as a whole system is concerned there are still many gaps in legislation and changes in ownership patterns and efficacy have not been found perfect solution, resulting in the interests of stakeholders who can not be effectively protected.This paper is divided into four parts. The first part beginning with the basic issues in the name of shareholder equity changes, first noted the Current Legislation of the Changes in ownership in the name of shareholders and then pointed out the problems caused by this system. Finally, analysis of the causes of our current legislation in the name of shareholder equity changes caused by the existence of a dispute; The second part to clarify the reasons for changes in ownership in the name of shareholders and then analyzes the model selection and effectiveness of changes in ownership in the name of shareholder identification focus on equity transfer,found that our current law principles using the shareholders’ register of the legislative model, changes in equity to register when the register of shareholders as the change point, but this identification mode are questioned by the author, finally she Summed up the primacy of the shares on behalf of the shareholders under three circumstances change through theoretical analysis of the scholars of the four modes of Interest;The third part points out a different angle dispute that may arise between different legal entity on behalf of shareholders and propose appropriate dispute settlement mechanism from outside the nominal shareholder and anonymous investors, other shareholders and the company’s third-person;The fourth part,put forward suggestions for improvement of the basic problems, namely changes in the nominal shareholder equity anonymous investment rules and appearance doctrine in commercial affairs in order to make up for gaps in the law in this regard.In this paper, the study of changes in ownership in the name of shareholders, focusing on the basis of changes in the general equity research, drawing on changes in property rights system and focused on the evolving needs of practice, and timely attention to equity shareholders of the emerging changes in the nominal form, in order to improve theoretical research and existing laws system.