Research On Risk Prevention Of Equity Holding In China's Limited Liability Companies

Article 25 of the Judicial Interpretation of the Company Law(3)regulates the effectiveness of the equity holding agreement,but it is not comprehensive and has certain logical contradictions with other terms.There are some confusions and controversies in academic circles and judicial practice in terms of the criteria for confirming the qualifications of shareholders and balancing the rights and interests of both parties and companies and third parties.In order to prevent the risk of equity holding,the author mainly uses normative analysis,empirical analysis,comparative analysis,etc.,through the analysis of the factors of the past five years,summarize At present,some of the disputes in the equity holding disputes focus on the risks that the parties may face in the equity holding and analyze the cases.The case analysis can find the hidden dangers and problems in the current equity holdings in China.At the same time,it compares the criteria for determining the qualifications of shareholders in civil law countries and common law countries.And introduce the trust system from outside the domain,through the superiority of the Anglo-American legal system trust system,the introduction of experience reference in the civil law system,learn from the experience and explore whether the system is applicable to China's national conditions,in order to provide an effective solution to the good settlement of equity holding disputes.Program.