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The Legal Risks Of Actual Investors In Share-Holding Entrustment

Posted on:2018-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:C ChengFull Text:PDF
GTID:2416330515466253Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid economic development,its equity generation continuously appear in the market,the actual investor as the generation equity are important players came to the attention of the law.The supreme people's court on the applicable < company law of the People's Republic of China > rules(3)some issues of the generation of equity on the effectiveness of the contract shall be the affirmation,but did not do good provisions for defective parts.The actual investor because they had no position of the company's registered shareholders,their rights are susceptible to damage,has a great deal of risk.Actual investor need to clear the concept,characteristics,the cause of generation of equity holding needs analysis,equity generation of the nature and effectiveness of a contract also need regulation,such ability build equity generation with the contents of the contract system.Therefore,analysis of the case,we learn that the actual investor in equity in the process of the generation of a specific risks.Under the condition of existing legislation,for the revised by the relevant laws and regulations,to avoid the corresponding risk.Legal risk is divided into seven categories: 1,equity risk of generation of a contract is invalid;2,nominal shareholders the risk of infringing the actual investor rights and interests by abusing the shareholder rights;3,the risk of a third person in good faith in equity;4 and the actual investor shareholder identity decided that the risk of;5,nominal shareholders equity is performed risk;6,the actual investor risk imposed by;7,nominal shareholders risk of divorce or death.These legal risks should be in relevant laws and regulations applicable in practice.
Keywords/Search Tags:Share-holding Entrustment, actual investors, legal risks, risk prevention
PDF Full Text Request
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