A Study On Legal Problems Of Limited Company Equity Enforcement

Although it has become a consensus that the shareholding can be enforced,the shareholding has the dual attributes of property rights and identity rights,and its enforcement must be different from general property.The lack of specific regulations in my country's current laws has led to many' problems in the enforcement of equity,especially in the difficult realization of other shareholders' preemptive rights and the serious conflicts of interest between actual investors and creditors of nominal shareholders in the case of equity holdings.Observed from the perspective of company law,equity enforcement is essentially a transfer of equity based on national coercive force,and it is not a tool for the realization of the interests of shareholders and creditors.The balance of interests among the various entities in the company law.From 'the perspective of Article 72 of the "Company Law",this article uses the statutory preemptive right to coordinate company order and judicial intervention,but its effect is not satisfactory.There is not only a conceptual difference between the enforcement of equity under Article 72 of the "Company Law" and the enforcement of equity under civil execution,there are also differences in application and other aspects.This article also compares the agreement transfer of equity and the enforcement of equity,mainly focusing on the general rules of equity transfer.The 2005 "Auction and Sale Regulations"and the 2016 "Internet Auction Regulations",which are matched with Article 72 of the"Company Law",not only make the "equal conditions" lose their function as the basis for the judgment of whether other shareholders exercise the preemptive right,but also Make other shareholders completely lose the status of priority purchasers,become bidders,and seriously damage the rights of other shareholders and company order.Therefore,the court should clearly stipulate in the relevant judicial interpretation or other legal documents that the "following price method" should be abandoned in the auction involving the holders of priority stock purchasers,and the "inquiry method" should be adopted in order to balance the protection of the interests of all parties.Co.,Ltd.has the human nature,but the law does not prohibit the limited company from giving up its own human nature through the constitutional autonomy.When the autonomy provisions of the charter conflict with the statutory nature of the preemptive right under compulsory equity enforcement,creditors or other bidders should be allowed to raise objections.For various reasons,the phenomenon of holding shares on behalf of each other is widespread.When the nominal shareholder fails to perform due debts,the executor of the application files a civil lawsuit with the people's court.However,at this time,the actual funder may file a lawsuit against the outsider to execute the objection,and request the people's court to protect its "equity" on the grounds,that it is the actual owner of the executed equity.At this time,the interests of creditors and actual investors will be in direct conflict during the enforcement of shareholding.If one prefers to protect the interests of either party,the other party will inevitably suffer more losses.The principle of formalism should be used as the principle,and the third party of Article 32,paragraph 3 of the Company Law should be limited to the third party who establishes an equity transaction relationship with the nominal shareholders,balancing the interests between the actual investors and the creditors of the nominal shareholders relationship.The first chapter of the thesis summarizes and discusses the basic issues of limited liability company's equity enforcement.This article highlights the characteristics of equity enforcement through the definition of equity enforcement.This article believes that the theoretical basis of shareholding enforcement is the principle of giving consideration to the interests of creditors and the order of the company.This article discusses it from the perspective of company law.Then analyze the deficiencies of the legislation on equity enforcement and the enforcement of equity,and then raise related issues.The second chapter explores several issues that have caused obstacles to the realization of shareholders'preemptive rights during the enforcement of equity,including the dilemma in determining "equivalent conditions" and "notification time",conflicts between the autonomy provisions of the charter and the preferential purchase rights under equity enforcement.Chapter ?,through case statistics.and analysis,discusses the conflict of interest between creditors and actual investors under equity enforcement and the different attitudes of judicial practice to resolve such conflicts of interest from the perspective of protecting the rights of nominal shareholders' claims.The reasons are analyzed.For the resolution path of my country's equity enforcement,in this article,the first chapter clearly refers to the inquiry method as the main bidding method.Secondly,based on the principles of formalism,the third person's identification standard is limited,with a view to providing solutions and solutions for the difficult enforcement of the equity of our limited liability company.