Research On The Legal Issues Of Limited Liability Company Equity Holdings

Equity enrogation,as a new mode of equity holding,is widely existed in the operation of companies,and its complexity brings many unstable factors to the market.It is necessary to strictly regulate the issue of equity enrogation in the operation of Chinese companies in the current economic environment,but until now,there has been no law to explain and define this issue systematically.Six years ago,China has promulgated the provisions on several issues concerning the application of the company law of the People's Republic of China(three),which clearly recognized the legal effect of equity enrogation.However,due to the complex and diverse situations of equity enrogation disputes in practice,this judicial interpretation was insufficient to regulate the problems.Moreover,since equity enrogation is a hot topic,there are many discussions about it in the theoretical circle,which promotes the further improvement of the legal system of equity enrogation from the side,and the voice of strengthening the legal regulation in this aspect is getting louder and louder.Because of the above research needs,this paper hopes to give certain thoughts and beneficial exploration for the legislative perfection and judicial practice of equity enrogation in China by studying problems and combining theories.This paper will be divided into the following five parts.The first part defines the connotation of equity entrustment.Firstly,the author analyzes the meaning of equity entrustment from the aspects of the main body,the objective form and the subjective purpose.Secondly,this paper analyzes the causes of equity entrustment,and makes a brief list of evasive factors and non-evasive factors.Avoidance factors include number of people,identity,related transaction and competition restrictions,as well as preferential policies for special groups.Non-evasive factors include privacy or convenience.The second part analyzes the judicial status and existing problems of equity entrustment in limited liability companies.Based on the typical cases in judicial practice,this part summarizes the main problems faced by equity entrustment at present,and concludes three problems: the unclear nature of the law,the singlestandard of legal effect determination,and the different standard of shareholder qualification determination.The third part analyzes the legal nature of equity entrustment in China's limited liability companies,analyzes the advantages and disadvantages of the trust relationship theory,the agency relationship theory,the partnership theory and the entrustment relationship theory,and proposes that equity entrustment should be an independent special contract type.The fourth part focuses on the generation of equity in limited liability company in our country the validity of the identified problems,from the generation of equity holding agreement and no generation of equity holding two kinds of situations,has a stake in generation deal proposed should distinguish entrusted shareholding behavior and equity transfer behavior of two kinds of situations,for this two kinds of situations and the effectiveness of the specific analysis.If there is no written agreement,equity entrustment behavior may also be identified,which requires a comprehensive analysis based on relevant evidence.On the basis of identifying the establishment of equity entrustment behavior,the effectiveness determination method with equity entrustment agreement shall be referred to.The fifth part discusses our country generation of equity in limited liability company shareholder qualification issues,said respectively analyzes the essence,form and compromise the advantages and disadvantages,and puts forward the view that shareholders qualification should be based on different legal relations,and from the nominal shareholders and the actual investor,the relationship between the company and the actual investor relations and foreign involved in several different conditions such as the third person different standard analyses the qualification of shareholders.