Research On Bona Fide Acquisition System Of Company’s Equity

It is actually the innovation of company’s system that the supreme people’s court’s provision on the application of “People’s Republic of China Company Law’s”on Several Issues(Ⅲ)(hereinafter referred to the explanation(Ⅲ) of "Company Act ")established the shares’ bona fide acquisition. Bona fide acquisition not only meets the requirements of principles of the Appearance of commercial law rights, but also plays the role of protecting transaction security and the third party’s reliance interest.However, the academic circle still has the controversy on situations of the nominee shareholder disposing equity and one share with more selling in bona fide acquisition.First of all, this article introduces good faith acquisition system of equity on the basis of property right’s, and its basic key component. Also, the author gives high comment on the system of good faith acquisition of stock rights. The second part separately expresses the query on the dormant investment and one share with more selling applying to the good faith acquisition. Firstly, the author introduces the logical contradictions and defects of legislation of explanation(Ⅲ) of "Company Act".Secondly, the author refers the disposal rights of the nominal shareholders. The referred two aspects aim to prove the contradiction between the stands of nominal shareholders’ rights and the cognizance of equity ownership in the company legislation. Meanwhile, the author discuss changes in ownership mode and registration credibility problem, in the hope of explain the limited space and system defects on one share with more selling. Finally, this article aims to put forward suggestions on the referred defaults of good faith acquisition of equity. What’s more,the author suggests that it’s time to improve the registration of company’s alteration registration system, and to strengthen the registration of public credibility.