Study On The Disputes Over The Acquisition Of Stock Rights By Caishen Island Company

Investor is guanghua investment and financing companies is the god of wealth island company signed a series of equity investment agreement,agreed upon the god of wealth island company did not complete within the given time goal,guanghua island investment companies can ask the god of wealth to redeem its stakes,the god of wealth island company shareholders xiu-lan yu,li bin to bear joint liability guarantee.However,Caishen Island Company failed to list the company in accordance with the time agreed in the contract,nor did it pay the redemption amount of equity to Guanghua Investment Company as agreed in the contract,and the shareholders Li Bin and Yu Xiulan failed to undertake the corresponding guarantee liability as agreed in the contract.Guanghua investment company as the plaintiff will be the Company and shareholders li Bin,Yu Xiulan sued to the court.The investment and financing parties jointly set the future business performance target of the financing enterprise according to the betting agreement.If the financing company fails to achieve the performance target,it shall repurchase the equity or investment fund at a "premium" as agreed in the agreement.The contents of the betting agreement shall not violate the mandatory provisions of the law and public order and good customs,and the agreed conditions shall have the possibility of performance,and the legal rights and interests of the investors shall not be over-protected and the burden of the financing company shall be increased.Therefore,it shall be regarded as an effective civil legal act.The guarantee terms signed by financing companies and investors are subordinated to the contract of principal creditor’s right.Article 16 of the Company Law is a mandatory regulation of management,which is used to regulate the non-daily management activities of the company,and does not directly deny the establishment of the guarantee clause because it violates the provisions of this law.In the performance problem of gambling responsibility,if the financing company fails to achieve the performance target as agreed in the contract,it needs to bear the legal responsibility for the failure of gambling,which is mainly manifested by the financing company repurchasing the equity held by investors and compensating cash at a premium.Shareholders,as parties to the contract,should independently undertake the obligation of equity repurchase in accordance with the agreement.However,the company’s behavior of guaranteeing the terms of betting does not conform to the situation of equity repurchase,which will directly damage the legitimate interests of the company,shareholders and creditors,and its commercial behavior is subject to the "capital maintenance principle".Therefore,the guarantee terms signed by financing companies and investors do not have legal effect.