Th Research On Legal Issues Of Entrusted Shareholding

Equity holding is also called entrusted holding,hidden investment,or pseudonymous investment.Equity holding is a very common phenomenon in the company's business process.There are various reasons for people to choose equity holdings.Through the review and summary of the literature,the Chinese people are"hidden but not rich" under the influence of traditional culture,and they are restricted by the shareholders.Hidden behind the nominal shareholders.Although there are many phenomena of stock holding,there are no clear legal provisions in our country.Even though the "Company Law Interpretation(3)" has provisions for some disputes between actual investors and nominal shareholders,but in the face of the complicated holding relationship in practice,the "Company Law Interpret.This paper adopts the method of empirical analysis to search the cases from 2013 to 2019 by entering "equity proxy" into the Alpha database.The number of cases of equity entrustment has been increasing year by year since 2016.By November 2019,a total of 6,278 judgements had been retrieved,72 of them from the Supreme Court.Through the careful reading and screening,case will repeat case non-equity generation of a case,the remaining in 60 cases of major controversy for the actual investor of the problem,the actual investor dispose generation problem ownership and equity holding execution objection to suit the actual investor and the nominal shareholder who should have priority right to protection.The article is structured with a head and branches structure.The first chapter summarizes the problems through case analysis,paves the way fof the next three chapters,and the latter three chapters solve' the problems raised in the first chapter.In the content writing,the first chapter is an overview of equity holdings,mainly including the characteristics,types and relationship between the equity holdings.The second chapter analyzes the dilemma and the way out of the nominalization of the actual investor.Through the analysis of the deficiencies of the nominalization of actual investors in China and the reasonable reference to foreign laws,a unique way to solve the nominalization of actual investors is found.The third chapter is mainly about the reflection on whether the equity entrustment is applicable to the acquisition in good faith system and the protection of the actual investors.Because the disposition of entrusted equity by the nominal shareholders is entitled to disposition,the disposition of entrusted equity by the nominal shareholders is not applicable to the acquisition in good faith system.In order to protect the interests of the actual investor,the actual investor can claim damages from the nominal shareholder through the agreement reached with the nominal shareholder.The fourth chapter is about the litigation of the execution objection of the equity on behalf of the shareholder.Through the study of the current law and the Supreme,Court's judgment,the principle of protecting,the creditors of the nominal shareholders first and the actual investors second was established.