The Research On The Compulsory Execution About The Share Right Of The Nominal Share Holders

With the continuous development of market economy and relevant laws and regulations in China,equity holding agreement is more and more common in the daily operation of the company,but the resulting legal problems and risks are also quite remarkable.The issue of enforcement of nominee shareholders' rights is one of the focuses widely debated by the academic and practical circles.The core content is simply: when the creditor of the nominal shareholder applies to the court for enforcement of the equity held by the nominal shareholder in the name of the nominal shareholder,the hidden shareholder will jump out of his identity and file a lawsuit against the execution of the non case person,and whether the equity can resist the nominal shares The enforcement application of the East creditor(when the holding agreement has been confirmed)? Can dormant shareholders protect their actual investment interests according to the so-called "ownership of factual rights" ? It is not difficult to find that there are many contradictions in the practice of judicial cases.Not only the trial logic of each local court is quite different,but even the Supreme People's court itself gives inconsistent judgments for similar cases.Under the background that the relevant laws and regulations are still imperfect,this kind of handling not only causes great trouble to the parties involved in the case,but also transmits a chaotic judicial signal to the public,which is not conducive to the establishment of judicial authority,so it has to be worrying.The main tangle is the explanation of the article that shareholders are not allowed to fight against the third party without registration stipulated in the company law: under what circumstances is the application of this article,and does the scope of "the third party" need to be limited to the act of equity transaction? Based on this,this paper combs the existing views of the academic community,combines the judgment ideas of the local courts and the typical cases of the Supreme People's court,and puts forward an innovative solution,that is,to solve the problem of enforcement of proxy shares,the core problem is to define the ownership of equity in proxy shares,so the dormant shareholders are divided into two types: full dormant and incomplete dormant: in the end In the case of full anonymity,the nominal shareholder is the shareholder holding the equity on behalf of the shareholder,and the creditor does not need to deal with the registration confrontation problem.Based on the identity of the shareholder,the creditor can apply to enforce the equity;in the case of incomplete anonymity,because of the appearance of the right,the nominal shareholder is not the actual shareholder holding the equity on behalf of the shareholder,at this time,the creditor is divided into the opposite party of the equity transaction and the money creditor,As for the counterpart of equity transaction,the object of dispute is the equity involved in the case from the beginning to the end,so the dormant shareholder cannot exclude its enforcement;as for the money creditor,there is no protection of trust interests based on the commercial appearance doctrine,and because it has not taken credit enhancement measures,the risk in the creditor debt relationship with the nominal shareholder should be its own Therefore,dormant shareholders can exclude the enforcement of creditors.To sum up,this paper hopes that through the above-mentioned innovative solutions,it can provide valuable views on the problem that it has been difficult to form a unified standard for the enforcement of equity holding,and contribute a little to the early improvement of relevant laws and regulations and the promotion of social and economic development.