Research On Equity Transfer In Equity Holding Of Limited Liability Company

The dispute of transfer of shares is usually involved in the interests of the actual investor,the dummy shareholder,the company and other shareholders of the company and the third party in the share-holding entrustment.Main focus: firstly,how to balance the interests between the actual investor and the dummy shareholder;secondly,how to balance the interest relationship between the dormant investor and the third party;thirdly,how to balance the interest relationship between the actual investor and the company and its shareholders.The above issues focus on the risk caused by the stockholder's behavior,and the relevant laws in China are relatively vague.Besides,in these issues,the shareholders' qualification of the dormant investor and the dummy shareholder is recognized as the important premise of the dispute settlement.Meanwhile,the issues also include how to obtain equity for the third person in good faith.Hence,through the analysis of relevant theories of the above problems and the relevant regulations of foreign countries,the author gives some advices: firstly,to improve the standard of qualification of shareholders of both parties;secondly,to improve the agreement of share-holding entrustment to reduce the risk of investment;finally,to improve the equity acceptance procedure of the third person for ensuring transaction security and trade.