Research On The Legal Issues Of Equity Holdings

The disputes of stock-holding are common phenomenon in trading practice,which are intractable problems to deal with recently.Stock-holding is an old problem,which is the new way of equity transaction in accord with China's economic development.However,there are many differences on theoretical basis of stock-holding,and the legal provisions are not enough.Thus,the disputes of stock-holding cannot be effectively solved.A study on legal issues of stock-holding is necessary.This thesis is based on the legal theory to analyze the conception,the causes,the legal relationship and other problems about stock-holding,and which summarizes the law and regulations.We could draw on much successful experience of foreign stock-holding legal institution.So we can engage in equity investment trust business actively,preserve nominal shareholder's value and regulate stock-holding by legal system.Dealing with shareholder's issues need to establish qualification standard according to the existing shareholder-qualification theory,so that the confusion in judgment can be avoided.Dealing with the contract about stock-holding need to make a breakthrough in stock theory to specific legal effect of stock-holding contract,so that the balance of interest between nominal shareholders and actual investor.