Research On The Legal Issues Of The Invalidity Of Shareholding

Equity holding has always been a hot research topic in the field of civil and commercial affairs,but there is little detailed discussion on the legal issues arising from the invalidity of equity holding,such as what is the reason for the invalidity of equity holding,how to dispose of equity and dividends after the invalidity of equity holding,the protection of creditor interests caused by the invalidity of equity holding and the disposition of the act of the custodian.This paper first introduces the thinking on the invalid nature of equity holding through a typical case involving the financial field,and then,according to the role of equity holding nature in the invalidity of equity holding,focuses on the advantages and disadvantages of the three relationship theorisms of agency,trust and partnership.For the reasons for the invalidity of equity holding,this paper thinks that there are three aspects: invalid legal act,violation of peremptory norms,violation of public order and good customs.As for the disposition of the invalidity of the equity holding,that is,who owns the equity after the holding is invalid,how to distribute the dividend is reasonable,how to protect the interests of the creditors in the holding relationship,how to deal with the act of the agent is the focus of this paper.Finally,on the basis of learning from the experience of offshore processing equity holding,this paper puts forward some suggestions for perfecting the invalid legal system of equity holding from the aspects of clarifying the nature of equity holding,the disposition criteria followed by the non-effect of holding,and constructing the normative system.