Research On Legal Issues Of Equity Holding In Limited Liability Company

As a new investment method in the process of economic and social development,equity holding has not only brought a lot of economic convenience to the main body of investment,but also caused a series of legal problems and potential legal risks.In the field of China’s commercial law,various economic subjects have countless litigation disputes due to equity disputes every year.Generally speaking,the types of legal disputes mainly include equity transfer disputes,equity investment income disputes,shareholder qualification confirmation disputes and so on.Among them,equity holding cases account for a considerable proportion in court judicial cases.China’s current "company law" does not make clear provisions on the behavior of equity holding,let alone formulate a special law and regulation to clearly define the problem of equity holding.The above legal provisions recognize the legal effect of equity holding on behalf to a certain extent and provide a legal basis for the court to deal with some equity holding disputes.However,the problem is that most of the provisions are too principled,the content of the law is general and only instructive,which is reflected in poor operability in specific application,and it is difficult to comprehensively deal with the complex legal disputes caused by equity holding on behalf in judicial practice.Although the company law,relevant laws and regulations in the field of commercial law and judicial interpretation have been adjusted many times in recent years,they have not yet played a strong role in reversing this situation.At the same time,it is precisely because of the small number of legal provisions that make direct provisions on equity holding and the lack of authority that domestic and foreign scholars have many disputes on the issue of equity holding,which is mainly reflected in the great differences on the legal nature of equity holding agreement,the identification of shareholder qualification and equity ownership.For a long time,the disputes among various theories have further affected the establishment of unified judgment standards in judicial practice and the progress and development of equity holding.In order to optimize the environment of the capital and financial market,reasonably regulate the investment behavior of all investors,and reduce the confusion and swing faced by the court in dealing with equity holding cases in judicial practice,these legal problems existing in equity holding behavior urgently need to be solved as soon as possible.Based on the above analysis,this paper will discuss how to clarify the legal nature of the equity holding agreement,the recognition criteria of shareholder qualification and equity ownership,the specific recognition criteria and legal consequences of the invalidity of the equity holding agreement,and the effective protection path of the rights and interests of the relevant subjects of equity holding,and discuss the above problems of equity holding of limited liability companies through theoretical analysis and practical case study,Explore the further improvement direction of the current equity holding related system of limited liability companies,in order to provide useful ideas and solutions for the settlement of equity holding judicial disputes in judicial practice.