Study On The Invalidity Of Shareholding Entrustment Based On Selected Samples

More and more investors put their money into companies in order to obtain investment returns and maximize their capital.In the process of investment,shareholding entrustment is more and more common due to their own concerns or to avoid laws and other reasons.However,the lack of relevant legal rules makes the disputes emerge endlessly.Among them,the most prominent and the most controversial legal issue is the validity of shareholding entrustment and its processing.Based on the logic of "principle is valid,exception is invalid" in the Judicial Interpretation of Company Law（III）,although it recognizes the legal status of shareholding proxy,it does not mean that shareholding proxy is certainly valid.In terms of its invalidity,article 153 of the Civil Code stipulates that civil legal acts that violate mandatory provisions of laws,administrative regulations and public order and good customs are certainly invalid.Throughout the existing judicial judgment cases,most of the reasons for the invalidity of shareholding entrustment involve evading mandatory provisions of the law,or violating rules and regulations to violate public order and good customs and damage social and public interests.In this case,it is necessary to combine the relevant provisions for identification.In view of this,the special study on the classification and subsequent processing of the invalidity of the enfranchisement of shares,especially the sample analysis of the selected judicial cases,is bound to help remedy the defects of legislation and increase the certainty of judicial judgment.In addition to the introduction and conclusion,this paper includes three parts,as follows:The first part is based on the selection of samples and the application of rules and regulations.Through sample selection,this part leads to four consensus issues and two major issues used in regulations.The second part is the typical classification of the invalidity of entrustment.This part carries out classification and analysis of four types of invalid cases based on the document types,trial times and invalid reasons of the selected samples.The third part is the key to deal with the invalid situation of entrustment.Based on the typical classification of the invalidity of the entrustment of shares mentioned above,this part puts forward the handling emphases in five aspects: identification standard,ownership of shares,investment return and value-added benefits,damage compensation,adherence to the principle of commercial appearance doctrine and reference to trust rules.