發布時間：2020-12-31 發布人：山東股章瀏覽次數：719次 來源：www.newadnetwork.com
Equity is very important for the shareholders of the company, but in many cases, there will be equity transactions between shareholders or with non shareholders. In this case, it is easy to cause a lot of equity disputes. So what are the three types of equity confirmation disputes? Small make up for you to sort out the following content.
1、 The dispute of equity confirmation caused by capital contribution between shareholders.
The dispute of equity confirmation caused by capital contribution between shareholders usually refers to the situation of dormant capital contribution, that is, ordinary shareholders make capital contribution in the name of others, and others act as nominal shareholders, but the actual capital contribution comes from the dormant shareholder. A dormant capital contribution agreement is signed between the dormant shareholders and the registered shareholders, which stipulates that the registered shareholders do not enjoy the actual rights and all the rights belong to the dormant shareholders. When there is a dispute on the validity of the dormant capital contribution agreement between the two parties, there will be a dispute on the confirmation of shareholders.
2. The dispute of equity confirmation caused by equity transfer between shareholders.
Due to negligence or other reasons, both parties to the equity transfer fail to perform the statutory registration procedures of change, or fail to deliver the shares or the capital contribution certificate in the process of equity transfer. In confirming the identity of a shareholder, the above-mentioned instrument or register shall prevail. Therefore, when shareholders transfer their shares, they must make corresponding change registration in accordance with the above provisions. If the registration is not changed, there may be disputes on equity confirmation in the future. Moreover, the bearer shares have the nature of warrant securities, and the shareholders can claim the equity to the company by virtue of the bearer shares they hold. If the bearer shareholders do not deliver the bearer shares when transferring the equity, the transferee can not prove the existence of the equity, which may lead to disputes over the confirmation of the equity.
3. The dispute of equity confirmation between shareholders and the company.
Sometimes there is no ownership dispute between shareholders and others, but the company does not recognize that shareholders have equity. The company law stipulates that a company should keep a register of shareholders. Shareholders can prove their identity as shareholders by virtue of the record in the register of shareholders, and then claim their rights against the company. Shareholders can also claim their identity as shareholders to others by virtue of the record in the register of shareholders, and refuse unreasonable requests from others. If there is no corresponding record in the register of shareholders in the capital contribution or equity transfer, the company will be punished We can refuse the actual investor or equity assignee to claim equity, which will also lead to disputes and litigation.
The above is the content sorted out for you by Xiaobian. I hope it can help you. When conducting equity trading, we must consider the equity disputes behind, so as not to cause unnecessary trouble