A brief introduction to the shareholding agreement
In real life, some companies have identity requirements for those who subscribe for the company's shares. Some investors sign a shareholding agreement with the company's approved share subscriber, stipulating that the trustee will have the company's industrial and commercial registration and equity exercise rights, while the client will Enjoy the dividends and other income due to the shares, and the trustor pays the trustee certain fees. The legal basis for this kind of agreement is the provisions on dormant shareholders and visible shareholders in relevant judicial interpretations of the Company Law. This kind of agreement is protected by law. Since it involves strong professionalism, it is recommended that the parties entrust a professional lawyer to draft it on their behalf to effectively prevent and control legal risks.
Things to note in the shareholding agreement
1. Disputes over contract validity
If the content of the agency shareholding agreement does not violate the provisions of national laws, mainly if the illegal purpose is not covered up in a legal form, and there is no malicious collusion to harm the interests of others, etc., the agency shareholding agreement is generally legal. However, this legality is limited to the parties signing the agreement and is not binding on third parties.
2. Legal risks arising from the fact that the actual investor fails to register with the industry and commerce
Shareholders registered in the industrial and commercial administration department are entrusted shareholding agents and are not actual investors. However, externally speaking, the confirmation of shareholder qualifications is based on the shareholder investment certificate and industrial and commercial registration. Although the actual investor contributes capital, he or she is not the actual investor. If your name does not appear on the industrial and commercial registration materials, you are prone to the following legal risks:
1. The identity of shareholders is not recognized.
2. Maliciously harming the interests of actual shareholders on behalf of shareholders.
3. The equity held on behalf of the shareholder is frozen by the court for preservation or execution due to litigation caused by the shareholder itself.
4. The accidental death of the shareholder may cause inheritance or divorce disputes, etc.
The editor recommends:
The shareholding agreement is a free template. You can download the source file for you to edit, modify and replace. Huajun Software Park also providespartnership agreement,Equity Change Agreementdownload.
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