Equity incentive is a long-term incentive mechanism implemented by companies to motivate and retain core talents, and is currently one of the most commonly used methods to motivate employees. Therefore, disputes related to equity incentives often arise intertwined with labor disputes. This article will mainly analyze the grasp of relevant issues in judicial practice from a case perspective, in order to guide enterprises in preventing relevant risks in their operations.   一、Case 1: Boundary between Equity Incentive Disputes and Labor Disputes Liu was originally a management personnel of Kaiyuan Tourism and joined Zhuji Tongfang Real Estate Co., Ltd. (hereinafter referred to as Tongfang Company) in June 2012. On June 20, 2012, with Tongfang Company as the first party and Liu as the second party, a "Equity Incentive Agreement" was signed. The content is...

The right of shareholders to know is an inherent right granted by law to company shareholders. However, due to the fact that shareholders exercise their right to information through methods such as accessing or copying information, which may include company trade secrets and other information that is not suitable for public disclosure. If shareholders disclose information obtained through exercising their right to know, it may cause adverse effects such as reputation risk and economic losses to the company. This article intends to provide suggestions through two parts: pre prevention and post relief, in order to guide enterprises in preventing relevant dispute risks in their operations. 一、Pre prevention measures for shareholders to disclose company trade secrets after exercising their right to know In the data age, business secrets of enterprises have no less value than physical ...

The shareholder's right to know is an inherent right based on the identity of the shareholder. It is an important legal right granted by law to the shareholder to know the company's operation, financial status and other company conditions. In practice, major shareholders and minor shareholders of a company often make a special agreement on shareholders' rights, including shareholders' right to know, through the articles of association for their own interests. Is this agreement effective? Based on the existing laws, judicial interpretations and cases, this paper focuses on whether the articles of association can restrict or expand the shareholders' right to know, so as to guide enterprises to prevent relevant risks in operation.   一、Whether the articles of association limit the shareholders' right to know The restriction of shareholders' right to know in the articles of asso...

    The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the object of shareholder's right to know to guide enterprises to prevent the risk of disputes. I. Scope of legal object of shareholders' right to know     Article 3 of the Company Law and Article 97 of the Company Law stipulate the general principles of the exercise of the shareholders' right to know and the scope of the object, that is, the shareholders have the right to consult and copy the articles...

The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the exercise of shareholders' right to know, in order to guide enterprises to prevent the risk of disputes in operation.   一、General principles for the exercise of shareholders' right to know According to Articles 33 and 97 of the Company Law, there are two main ways for shareholders to exercise their right to know, one is "access + copy" and the other is "access only". Specifically, in a limited liability company, share...

The shareholder's right to know is an inherent right granted by the law to the shareholders of a company, which helps the shareholders who are not directly involved in the management of the company to understand the company's operating conditions. At the same time, fully understanding the company's operating conditions is also the premise and basis for shareholders to exercise decision-making rights, dividend rights and other rights. This paper focuses on the subject of shareholder's right to know, in order to guide enterprises to prevent the risk of disputes in operation.   一、General principle of shareholder's right to know exercise The shareholder's right to know, as the name implies, the subject exercising the right must have the company's shareholder qualification. Then, how does the people's court determine the qualification of shareholders when reviewing the lawsuit? A...

Pseudonymous registration refers to the situation in which the celebrity is registered as the legal representative, shareholder or supervisor of the company in the name of others without the consent of others. The common way to cancel the registration of fake name is to apply to the administrative organ to cancel the registration of fake name or to file a lawsuit in the court. This paper discusses these two paths to guide enterprises to prevent the risk of such disputes.   一、The path of judicial review of administrative cases of impostor registration Item 1 of the "Minutes of the Supreme People's Court's Symposium on Several Issues concerning the Trial of Administrative Cases concerning Company Registration" clearly states that "If the registration error is caused by the applicant's concealment of relevant information or the provision of false materials, the regi...

     Pseudonym registration and pseudonym registration are similar concepts. In practice, both of them are likely to cause disputes over the qualification of shareholders. Name registration, also known as equity holding, refers to the actual investor and the nominal shareholder reached an agreement, the actual investor and enjoy the investment rights and interests, and the nominal shareholder is registered externally. Compared with the registration of borrowed names, there is no agreement in the registration of false names, and the perpetrators of false name registration often steal the name of others to register the company, which will violate the legitimate rights and interests of the registered journalist. This paper focuses on the reasons for the registration of shareholders' false names, the relief of the rights of the registered shareholders and the legal respon...

The legal representative system is an important component of China's company system. The change of the legal representative is generally determined by a resolution of the internal organs of the company, but in specific circumstances, the removal or change of the registered items of the legal representative can be achieved by filing a lawsuit with the people's court. In practice, the court needs to conduct substantive trials to determine whether the litigation request for the removal of the legal representative has factual and legal basis, and whether it should be supported. This article focuses on analyzing the court's perspective on eliminating the registration of legal representatives, in order to guide enterprises in preventing such dispute risks.   一、The court supports the dismissal of the legal representative's application 1. If the internal governance of the company i...