Research On Difficult Legal Issues Of Shareholding Entrustment

As a common investment model in the commercial field of our country,stock holdings provide diversification for equity investment.At the same time,due to the complexity and particularity of the actual investors and the industrials as well as commercial registered shareholders of the equity holdings,every scholar and practitioner have mixed opinions on the proxy holding of equity,and there is a great amount of disputes derived from proxy holding of equity.At the legislative level,since my country’s "Company Law" has not made specific provisions on the determination of equity holdings and the handling of related issues,the main basis for handling relevant issues on equity holdings in judicial practice is the Supreme People’s Court’ s application of " The relevant provisions of the Provisions(3)of Several Issues in the"Company Law of the People’s Republic of China".However,the provisions of the above clauses are relatively simple and vague,and to a certain extent,they ignore the inherent logic of the legal provisions,which leads to a great controversy on the practical disputes handling over equity holdings.In order to explore the ways to deal with the following two issues in judicial practice,this article introduces typical cases on equity holdings for the analyzation of the effectiveness of equity holdings and the confirmation of shareholder qualifications under the relationship of equity holdings.Among them,the determination of the effectiveness of proxy holdings is the basis of the research on issues related to proxy holdings,and the issue of shareholder qualification confirmation is the core.Only by thoroughly researching the above two difficult issues can the issues related to proxy holdings be better resolved.The first chapter of this article mainly introduces the judicial status quo of disputes concerning the validity determination of equity holdings and shareholder qualification confirmation disputes in current judicial practice.Starting from typical cases,it grasps the current trends of judicial trials on the above two difficult issues,and put forward the controversial issues in them.The second and third chapters focus on the theoretical analysis of the two major issues raised in the first chapter.The second chapter focuses on the issue of determining the effectiveness of equity holdings.Whether it is a limited liability company with regulations or a company limited by law,it is difficult to agree on the effectiveness of equity holding in theory and practice.Therefore,this chapter first analyzes the reasons for the dispute in determining the effectiveness of equity holding and avoids violations.The compulsory provisions of laws and administrative regulations(mainly violations of administrative compulsory provisions)and violations of regulations in the financial field focus on the analysis of the criteria to determine the effectiveness of equity holdings.The third chapter mainly studies the issue of shareholder qualification confirmation based on the equity holding relationship.Affected by the principle of nonseparation of shareholder rights and shareholder identities in the Association Law,there are certain difficulties in the judicial practice to determine the qualifications of shareholders in proxy holdings.This chapter analyzes the existing controversial doctrines on the determination of shareholder qualifications,and analyzes the confirmation of shareholder qualifications in the equity agency relationship from the theoretical background of the "equity dichotomy".In addition,this chapter also puts forward the deficiencies of the current regulations through the understanding of the existing actual investor’s naming regulations.The fourth chapter is a summary and theoretical analysis of the judicial status quo of the two difficult problems based on the above chapters,to explore the way to deal with the difficult problems of equity holding in practice.Regarding the determination of the effectiveness of equity holdings,this chapter mainly proposes solutions from three aspects:the distinction of mandatory provisions,the understanding of the concept of "public order and good customs",and the appropriate intervention of financial regulatory regulations;for the actual investor’s name,this chapter adopts reconstruction.The method of distinguished path is to solve the problem of the distinguished name of the actual investor.