Research On The Legal Issue Of Equity Holding

With the continuous development of the economy,equity holdings exist extensively in the company's operations.Legal stockholders can absorb investment,promote company development,and stabilize the market economy.Illegal shareholder holdings may breed corruption,damage the company's operations and disrupt the economic order.At present,China's laws have few provisions on shareholding holdings.Although the Supreme People's Court's “Company Law Interpretation III” recognizes and does a simple regulation of the limited liability company's shareholdings,overall,the shareholding representative lacks specific and explicit operations sexuality norms,therefore,theoretical research on equity holdings,for the improvement of corporate law and related issues of judicial practice are of great significance.The first chapter is about the legal definition of shareholding.It mainly introduces the concept,characteristics and types of equity holdings,the difference between shareholding holdings and share transfers,the legal validity of shareholding holdings and the way in which shareholder qualifications are obtained,and passes the interpretation of “Company Law III” and the “first disclosure of China Securities Regulatory Commission”.Jurisprudential analysis of the Measures for the Administration of the Issuance of Stocks and the Listing of Securities,which holds that from the current legal provisions,the holding of shares in listed companies should be prohibited,and the holding of shares by limited liability companies and unlisted stock companies should not be prohibited.The second chapter is about the legal risks of shareholding holdings.From a typical case analysis,the legal risk of anonymity shareholders is mainly to identify the identity of shareholders,the risk of equity,the risk of ownership of investment rights,and the risk of a third party to acquire equity in good faith;the legal risk of prominent shareholders is mainly due to the capital contribution of hidden shareholders unreal risk,risk of future work restrictions.The third chapter is to improve the legal advice of equity holdings.It mainly compares the principle of dealing with equity holdings by the domestic judicial practice department,and the regulations on the holding of shares in developed countries in Hong Kong and Europe and the United States of America,and makes recommendations on how the “Company Law” clearly defined the requirements of shareholding holdings.It conducts a study by investigating the equity holding agreement,recognizing the value of holdings held by shareholders,and ascertaining the qualifications of stockholders holding shares in stockholdings,and it is believed that the compatibility issue is beneficial to the settlement of equity disputes in practice.The fourth chapter is about legal regulation of anonymous shareholders.It is believed that the current law does not stipulate the ownership of shareholder qualifications in the event of an equity dispute,does not clarify the problem of one-person company's anonymous shareholders becoming prominent shareholders,does not involve how to deal with funding issues,and does not provide for implicit shareholders to transfer equity directly to third parties.It tries to give suggestions such as the establishment of a one-person company's hidden name shareholders system,the establishment of non-listed shares of the company's anonymous shareholder system,improving the principle of shareholder qualifications,the provisions of the effectiveness of the implicit shareholder transfer of stock rights,the prohibition of evasion of the legal name of the implicit investment behavior,expanding the form of evidence The scope of the law,the provision of an undisclosed capital contribution,and other legal proposals for the regulation of anonymous shareholders.