How to protect their own rights and interests?

The company's shareholders are vital to the company. The role of shareholders in the company is comparable to senior management personnel. Therefore, my country has special laws to protect the legitimate rights and interests of shareholders.

However, this protection is mainly aimed at the registered shareholders in the industrial and commercial registration information. For the name of the company in the name of others or investing in the name of others, and in the company's articles of association, register of shareholders, and industrial and commercial registration, they are recorded as the hidden shareholders of others. They do not have the equity and shares of the "Company Law".

So how does an infamous shareholders protect their rights and interests?

1. Use written protocol

Between the hidden shareholders and the sharing shareholders, a written agreement shall be signed, and the agreement must be clearly agreed in the agreement between the rights and obligations between the shareholders and the hidden shareholders.

The written agreement between the hidden shareholders and the famous shareholders is an important basis and basis for confirming the rights and obligations of both parties.

In the lawsuit, the written agreement is a strong evidence of protecting the legitimate rights and interests of the hidden shareholders.

2. Strive to sign a written agreement with other shareholders and companies

In the case of allowing, the anonymous shareholders should be as clear as the company's other shareholders' awareness and consent of the equity holding on behalf of the equity.

The agreement between the anonymous shareholders and the famous shareholders only form a debt relationship between the two parties, and it cannot meet the substantive requirements of "reaching the establishment of a company or continuing to operate the company with other shareholders".

Therefore, only an agreement between the hidden shareholders and the famous shareholders usually cannot usually have the legal effect of confirming the equity of the hidden shareholders.

Therefore, the implicit shareholders shall strive for a written agreement with the project company and other shareholders, and the surface of the company will surface, so that the shareholders of the company will recognize the actual shareholder status of the hidden shareholders.

3. Fully exercise shareholders' rights

After investing in funds and setting up the company, the anonymous shareholders can actively participate in the company's management, assign managers or other personnel, participate in the company's operating decision -making, fully exercise shareholders' rights to realize the confirmation of the actual shareholders of the company.

4. Pay attention to the shareholding of the shareholders

In order to ensure the security of their own equity, the implicit shareholders need to pay attention to the shareholding of the shareholders of the famous shareholders, and handle the registration of equity in a timely manner.

The concealment of the anonymous investment behavior determines that it is constrained by the famous shareholders at all times.

Therefore, we must always pay attention to the assets and disputes of the shareholders.

In the case of conditions permit, we should maintain a certain degree of control over the sharing shareholders.

Pay attention to prevent the transfer of equity or other sanctions by the violation of the shares, or the equity of the court is frozen or even executed by the court for his own reasons.

Source: Jie Brother chats equity, reprinting this article is out of the purpose of passing more information. If there is an error or infringe your legitimate rights and interests, please leave a message, we will correct and delete it in time, thank you

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