Research On The Validity Of The Equity Transfer Contract

With the opening of the market and the sustained development of the economy,the transfer of shares in enterprises is becoming more and more common,and the active activities of the equity trading bring about all kinds of legal problems.Among them,the effectiveness of the equity transfer contract is an important factor affecting the transfer of shares.Although China's "company law" pursues the principle of free transfer of shares,but due to the particularity of equity,the process of the transfer of shares is also subject to many restrictions.Judging from the judicial practice,most of the issues concerning the transfer of shares are focused on the determination of the validity of the equity transfer contract,whether the contract is effective and whether there is any flaw in the effectiveness of the transfer of shares,and so on,will affect the success or failure of the transfer of shares.However,the current "company law","contract law" and relevant judicial interpretations of the equity transfer did not make detailed provisions,most of them did not elaborate,the theory and practice about equity transfer contract validity dispute continuously.This study takes the validity of the equity transfer contract as the theme,and starting from the basic theory of the transfer of shares,leads to the basic issues of the validity of the equity transfer contract.Through analysis,it is pointed out that the transfer of shares is mainly based on freedom,but there are many restrictions on the transfer of shares.The equity transfer contract shall be in conformity with the provisions of the contract law,and in the case of violating the principle of the transfer of the equity restrictions,the equity transfer contract shall have the defects of validity,but it shall be determined according to the specific circumstances.In the form of phase separation and substantive elements occasions,whether significant shareholders or dormant shareholders,the key of determining the equity transfer contract is valid is that equity ownership,only have the right to dispose of the equity transfer contract signed by the shareholders,is protected by law.Through the detailed analysis of the validity of the equity transfer contract,it will help to reduce the disputes in the theory and practice,thus providing an effective guidance for the effectiveness of the equity transfer contract.