The Research On Possession In Good Faith Of Limited Liability Company's Stock In China

The Supreme People's Court came up with Explanation III of Company Law(following referred to Company Law Explanation III)have combined acquisition in good faith system with shares acquired in good faith system.It makes the disputes of equity acquisition in good faith have a foundation on substantive law.But we should see that equity is different from general of real right,the way of equity changes is different from the way of general of real right changes.But current rules does not give the specific operational standards of the shares acquired in good faith,merely by reference to the property law section 106th.Therefore,the paper approved equity which applied to good will acquisition system which research on the Company Law Explanation III 25th and 27th and based on equity characteristics and properties,analyzed the issues of anonymous contributions on behalf of nominee shareholders under disposition of equity and equity public methods and the impact of changes in ownership patterns of shares acquired in good faith,and proposed some solutions in turn.At this point my paper is divided into four parts,in the first part,the author analyzes the meaning and nature of equity,introducing the source of shares acquisition in good faith:the traditional civil law on the system of bona fide acquisition system,and pointed out that the legal basis of the shares acquired in good faith.In part II,the author analyzes that on behalf of nominee shareholders equity of disposition,analyzes whether the third party shares acquired in good faith or not.The third part,the author analyzes the impact of changes in ownership patterns and ownership publicity way on the bona fide acquisition of shares acquired in good faith.Prior to the analysis of three-part,the part IV in the face of the conflict of equity both publicity each other,and thus causing to the criterion of the third persons in good faith is not clear,and disposing of the stake on behalf of shareholders do not have the premise of shares acquired in good faith,the author have proposed some solutions in turn.so as to better address ambiguities in limited liability company shares acquired in good faith arising from legal disputes,to standard equity transactions,promoting the equity trading market to have a healthy,orderly and harmonious development.