The Protection of the Rights and Interests of the Actual Investors in the Equity Proxy Holding

Jie He

doi:10.54097/vzf24677

Authors

Jie He

DOI:

https://doi.org/10.54097/vzf24677

Keywords:

The Stock Right Proxy Holds, The Actual Investor, The Nominal Shareholder, The Actual Investor's Rights and Interests

Abstract

The investment method of stock holding on behalf of the actual investors not only meets the anonymous investment needs, but also makes the investors bear a series of legal risks, which will easily cause the actual investors' rights and interests to be damaged and lead to disputes. The corresponding rules of our current law are not perfect, and even the basic problems of the concept of equity proxy have not been clarified, which leads to the lack of effective protection of the rights and interests of the actual investors in judicial practice. Based on the actual situation of our country's current laws and regulations, the legal perfection of the protection of the rights and interests of the actual investors should start from the study of the basic theories, and make clear the basic concepts in the relationship of stock rights proxy as the starting point, based on the actual defects of our current law and the needs of judicial practice, and taking the analysis of theory and legislative practice inside and outside the country as the path, in order to perfect the related legislation, we should analyze the legal disputes in the way of stock holding in theory and practice systematically. The. The second part is the summary of the legislative status and judicial practice of protecting the rights and interests of the actual investors in our country. In this part, the author analyzes the inadequacy of the current law about stock right proxy in our country, and makes a systematic analysis of the disputes in judicial practice.

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References

Guo Fuqing, He Linfeng, "The nature identification and effectiveness boundary of equity implicit investment contracts", Journal of Beijing University of Aeronautics and Astronautics, No.5, 2021.

Li Jianwei, "The Judicial Approach of Administrative Rules Affecting the Validity of Commercial Contracts", Journal of Law, No.9, 2019, pp. 190-191.

Wang Liming, Introduction to Legal Hermeneutics, Law Press, 2009, pp. 103.

Ye Lin, "Judicial Stance on the Judgment of share holding Cases", Application of Law, No. 22, 2017, pp. 9.

Lin Chenger. "Treatise on Civil Law Debt Compilation", Renmin University of China, 2017 edition, pp. 98.

Zhao Xudong, Gu Dongwei, "Legal Issues and Effectiveness Identification of Investment by Hidden Shareholders", State Prosecutor's Daily, 2011, No. 5, pp. 123.

Liu Junhai, "On the Legal Nature and Effect of equity holding", Hebei University Daily, No. 39,2020, pp. 130-142.

Ge Weijun: Analysis of the legal nature of equity holding in Limited liability Companies, Legal Science, No. 38, 2015.

Wang Yuying, "Identification of the qualification of Anonymous Shareholders and Analysis of the path to their apparent Names", State Prosecutor's Daily 2023, No. 11, pp. 53-67.

Zeng Liwei, "Empirical Research and Rule Exploration on Equity Holding Issues", Jiangxi University of Finance and Economics, No. 14, 2022.

Liu Junhai, Modern Company Law (Vol. 1), 2015, pp. 354.

Hou Yuting, "Research on Legal Issues of Hidden Shareholders", Rule of Law and Economy, No. 3, 2021.

Beijing First Intermediate People's Court (2021) Beijing 01 Min End No. 1697 Civil judgment.

Zhu Dao Tan, Yang Yang, and Chen Qiqian, "Judicial Considerations for the Qualification Confirmation of Anonymous Shareholders: An Empirical Analysis based on 85 Judgments", Journal of Hebei Normal University of Science and Technology (Social Science Edition), March 1, 2021, pp. 73.

Yu Jiannan, "Defects and Construction of the bona fide acquisition System of Limited Company Shares in China", Tsinghua Law, 2015, No. 4, pp. 109-124.

Wang Yannan, "The Antagonization of the Rights and interests between the Creditor and the Hidden Shareholder in the Enforcement of the Holding Rights on Behalf", Operation and Management, No. 10, 2021, pp. 46.

Zhicheng, "Proportional Sharing of Unjust enrichment Return of Illegal and Invalid Contracts", China and Foreign Law, No. 4, 2022, pp. 609.

Zeng Xiangsheng and Su Yiqi. On the Reconstruction of the legal system of the Qualification Recognition of Anonymous Shareholders. Jiangxi Social Sciences, 2018, pp. 183-193.

Zhu Yikun, Business Jurisprudence - Principles, Diagrams and Examples (3rd edition), Peking University Press, 2013, pp. 17.