Research On The Legal Issues Of The Dissent Of Equity Agent

With the increasing degree of capitalization of the market,in order to promote transaction facilitation and the rapid development of companies,the state encourages various forms of investment.Nominee shareholding is more convenient in the use of capital because of its outstanding investment flexibility and transaction secrecy,and frequently appears in the form of corporate capital contribution because of its private characteristics.On the one hand,nominee equity shareholding increases corporate financing opportunities and broadens people’s investment methods.On the other hand,the overall legal norms of nominee shareholding are not sound enough,resulting in frequent dispute cases in judicial practice,and the academic views that generate various objections to nominee shareholding are increasing.The existing legal issues of nominee shareholding mainly focus on three aspects: the determination of the legal nature of nominee shareholding itself,the protection system of anonymous shareholders’ rights,and the enforcement of equity.In order to apply the relevant system of nominee shareholding in a more comprehensive way,the content of objections to nominee shareholding is sorted out,and the reasons for objections to nominee shareholding are further explored.Meantime,analysis of the content of nominee shareholding,combined with the latest Company Law of the People’s Republic of China(Revised Draft),the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of the Company Law of the People’s Republic of China(III),and the Minutes of the National Court Work Conference on Civil and Commercial Adjudication(Law [2019] No.254),This paper analyzes the causes of nominee shareholding,combines extraterritorial legislation and practical experience,and puts forward solutions such as standardizing the form of nominee shareholding agreements,establishing a nominee holding risk notification mechanism,and clarifying the procedures for the naming of anonymous shareholders,so as to provide theoretical support and path improvement suggestions for judicial practice.