07-11
2022
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...
06-27
2022
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...