The Effect Of Transfer Of Mining Right By Means Of Equality Transfer

In recent years,the development of China's mining economy has got increasingly close to capital,and the transfer of shares of mining legal persons has become an important way for enterprises to raise funds.The current Mineral Resources and other relevant laws and regulations relative lag,so set up restrictions for the mining right transfer.That leads to the practice generally appeared in the form of transfer of mining corporate equity to the phenomenon of transfer of mining right.Since mining right and equity are two different kinds of civil rights.They are different in terms of the transaction subject,the transaction object,the transaction approval procedure,the applicable law and the legal effect produced.Therefore,the simple application of program switching or equivalent gives the judicial practice a variety of difficulties.This article adopts the research methods of empirical analysis and comparative analysis,together with mining company equity transfer dispute case in this paper,the problem of theory derivation of mining whether corporate equity transfer shall be deemed to be the transfer of mining right.The paper is about 15,000 words,which is divided into seven parts.The specific structure and contents are summarized as follows:The first part of the case introduces the main issues discussed in this paper,namely,the issue of the definition of the transfer of equity and the transfer of mining rights.The second part analyzes the different recognition and supervision modes of the transfer of equity in mining companies.Due to the obvious delay of the mining right transfer law,excessive administrative intervention and large cost,the transfer of shares of mining companies is hot.There are different viewpoints and regulatory modes of the academic and Chinese regulatory functions.The third sector,based on the basic concept and legal property of the right of equity and mining right,analyzes the difference between mining right and equity.Equity is the right of shareholders to obtain economic benefits from the company and participate in the operation and management of the company based on the shareholder's identity and status.Equity has the characteristics of capital and circulation,which is a kind of compound civil rights.Mining right is the state as the owner of mineral resources according to law,it shall enjoy the right of ownership of mineral resources in the exploration and drilling rights to comply with the requirements of other civil subject,and through the form of a charge a tax on the owner's equity and optimal utilization of resources of legal arrangements.The property right of mining right in law has been widely recognized in academic circles.The fourth part distinguishes between the ownership transfer of mining companies and the concept of the transfer of mining rights,the characteristics of the behavior,the legal conditions of transfer and the transfer procedure.The transfer of equity in mining companies and the transfer of mining rights belong to different legal systems and procedures.Both of them are different from mining right in transaction subject,transaction subject,transaction approval procedure and applicable law,legal effect and debt burden.The fifth part is to evaluate the invalidity of the equity transfer contract in the mining company.Shareholder personality and corporate personality are independent of each other.Shareholders have the right to dispose of their shares in the mining company.The parties to the equity transfer contract of a mining company shall mean that neither party is false or hidden meaning,so the transfer of equity means that it is true and effective.The mineral resources law prohibits the sale of mining rights for profit,and the non-effectiveness of prohibition cannot deny the validity of the contractIn the sixth part,the legal analysis of the above mining rights and equity is verified to verify the result of the case.That is,the shareholders of the company and the target company of the target company are the shareholders of the target company.Shareholders in the company,Zong Jinxi its holdings of the target company mine mining company equity transfer to flame cannot be regarded as the transfer of mining right,without the approval of the related functional department.The equity transfer agreement signed by both parties in this case shall be valid and valid,and they shall perform their respective respective obligations in strict accordance with the agreement.The seventh part combines the current chaos in China's mining market,and the regulatory authorities should regulate the behavior of the parties to transfer the mining right in the name of transfer of equity.To draw lessons from the information disclosure system of listed companies in the stock market and to set up the information disclosure obligation of the share transfer of mining enterprises.For shareholders equity rights abuse of illegal mining enterprises in the form of equity transfer and transfer of mining right,apply the system of piercing the corporate veil,the losses caused by the company and the relevant shareholders shall be jointly and severally liable.