home page > legal advice > Jiangxi Legal Consulting > Yichun Legal Consultation > Yichun Equity Legal Consultation > What types of equity transfer disputes include

What types of equity transfer disputes include

Liu* Jiangxi Yichun Equity advisory 2020.09.08 11:28:44 378 people read

Disputes over equity transfer What types are included

Others are watching:
Yichun Lawyer Company operation lawyer Business lawyer of Yichun Company More lawyers>
Consult me

Hello, my answer to the question of what types of equity transfer disputes include is as follows. The cases related to equity transfer can be specifically divided into the following types of disputes:
1. Disputes over the equity transfer contract between the two parties to the transfer. For example, request to perform the transfer contract, request to pay the equity transfer payment and compensate for losses (or pay liquidated damages), or request to terminate the transfer contract, request to determine that the transfer contract is invalid, and so on. In a word, this kind of dispute is mainly applicable to the relevant "equity transfer" cases in the Contract Law, which can be specifically divided into the following types of disputes:
1. Disputes over the equity transfer contract between the two parties to the transfer. For example, request to perform the transfer contract, request to pay the equity transfer payment and compensate for losses (or pay liquidated damages), or request to terminate the transfer contract, request to determine that the transfer contract is invalid, and so on. In a word, this kind of dispute is mainly subject to the relevant provisions of the Contract Law, and the case trial should also take into account the special provisions and principles of the Company Law.
2. Litigation disputes involving the protection of the preemptive rights of other shareholders within the company. For example, the second paragraph of Article 71 of the new Company Law stipulates that when a shareholder transfers his or her equity to a person other than a shareholder, the shareholder who disagrees should purchase the transferred equity. However, as for how to determine the purchase price, whether to use the price of the external transfer contract or to re evaluate the company's net assets to determine the price, there is a great dispute in practice, and it is necessary to unify the understanding as soon as possible. For another example, after the performance of the equity transfer contract, other shareholders of the company claimed that the contract was invalid and requested to exercise the right of first refusal because the transferor failed to perform the obligation to inform other shareholders of the company. Some of these cases believed that it should first review whether there was agreement in the articles of association. If there was agreement in the articles of association, it should be handled according to the agreement; When there is no agreement in the Articles of Association, a reasonable time limit shall be considered. When the change in the register of shareholders or the industrial and commercial registration exceeds a certain time limit, other shareholders may consider not supporting the exercise of the preemptive right.
3. Disputes arising from the transfer of defective equity contributions. If the transferee is still accepting the equity after knowing that the transferor's contribution is defective, it shall bear joint and several supplementary liability for the part of the insufficient contribution; On the contrary, if the transferee is unaware of this, it shall not be liable, and has the right to request cancellation of the equity transfer contract on this ground.
4. Litigation cases arising from the transfer of equity by dormant or apparent shareholders. This kind of case is relatively complicated, and the relationship between dormant and apparent shareholders is contractual and relative. Under normal circumstances, the agreement between the dormant shareholders and the apparent shareholders cannot oppose the company and other shareholders of the company, nor can it oppose the third person.
5. Disputes over bona fide acquisition of equity. After the company's equity is not transferred, the transferee claims to acquire the company's equity in good faith. When hearing such cases, we should not only consider the characteristics of the company's legal relationship with appearance publicity, but also pay attention to the basic principles of the bona fide acquisition system, and protect the legitimate rights and interests of the company's shareholders and bona fide third parties according to law.

2020-09-08 11:29:44 Reply
Tips from LATU:
The Civil Code will come into force on January 1, 2021, and the Marriage Law, the Adoption Law, the Inheritance Law, the General Principles of the Civil Law, the General Principles of the Civil Law, the Tort Liability Law, the Guarantee Law, the Contract Law and the Property Law will be repealed simultaneously. If you are involved in the issues stipulated in the Civil Code# Click here #View! If you need help, you can# Consulting Lawyer of Legal Chart Network #
Didn't solve the problem? Ask questions in one minute, and more lawyers will provide answers! Consult immediately
Knowledge popularization Lawyer analysis
  • What are the types of enterprise share transfer

    Professional answers In order to better deal with legal problems that may occur in life, we need to learn some relevant legal knowledge. In order to help you better understand some relevant legal knowledge, this website has sorted out some legal content related to the type of enterprise share transfer. Let's take a look.

    2024.02.20 1504 Reading
  • What are the types of equity transfer of the company

    Professional answers Our food, clothing, housing and transportation, because the legal rules can better protect our respective rights and interests from being infringed, our life is inseparable from the law, so we should improve the understanding and understanding of legal knowledge to avoid being unable to safeguard their legitimate rights and interests in the face of legal problems. Maybe you are facing some problems about the type of company equity transfer. I hope the content of this article can help you.

    2024.02.29 1646 Reading
  • What are the types of equity transfer

    Professional answers In the face of infringement of our legitimate rights and interests, we need to use the law to protect our rights and interests. If your legal rights and interests are being infringed, you can protect your legal rights and interests through the legal knowledge learned in this article. I hope it can help you with any questions about the type of regulations on equity transfer.

    2024.02.22 1308 Reading
  • What are the types of disputes over the transfer of false claims

    Professional answers In order to better deal with legal problems that may occur in life, we need to learn some relevant legal knowledge. In order to help you better understand some relevant legal knowledge, this website has sorted out some types of disputes related to the transfer of false claims, including what legal content, let's take a look.

    2024.02.27 2081 Reading
  • What types of creditor's rights transfer mainly include

    Professional answers We believe that we will encounter many legal problems in the process of our work, study and even daily life. This article provides specific legal knowledge answers to the legal problems we may encounter. I hope this article can help you understand more about the types of legal knowledge related to creditor's rights transfer.

    2024.02.28 1395 Reading
Quality consulting Hot spot recommendation
What will be the verdict if one party of the divorce lawsuit fails to appear in court How will divorce be judged if one of the couples cheats What evidence is needed to fight for custody How to Judge the Law of Divorce for Men and Women Who cheat How to judge divorce and domestic violence How to Judge a Divorce for a Man's Spiritual Misconduct If one party disagrees with the divorce, how can it be divorced How to judge a man's cheating divorce How much compensation can be claimed for domestic violence divorce How much can the husband compensate for domestic violence divorce Skills for fighting for child custody How to judge the children in domestic violence divorce Limitation of action for estate disputes How to Judge a Spouse's Divorce How to fight for child custody Wife sued for divorce. I don't agree with the judge How to Judge the Bride Money in the Case of Divorce How to Judge the Custody Right of Divorced Children How to judge a wife who cheats and divorce a child How to pay the alimony How to Judge the Divorce of the Woman's Domestic Violence How much is the divorce litigation fee Is there a way to divorce if the husband doesn't agree to divorce How to Judge the Divorce of Male Domestic Violence Female How much is the divorce prosecution fee How much does it cost to get a lawyer for divorce disputes How much is the divorce suit How to judge divorce by domestic violence lawsuit Is it difficult to fight for custody again How to Divorce? One party will disagree How to Divide the Property of Divorced Husband and Wife Due to Domestic Violence
Diagnostic report Comprehensive interpretation Deep analysis

Professional analysis of legal issues, free of charge
Diagnostic Analysis Report on Legal Issues~

Free experience
Preferred professional lawyers

Triple certification of lawyers, providing you with more expertise
Professional and more authoritative real lawyers~

View Now

One minute question, answer by a large number of lawyers

one

Be clear

Fully describe the focus of dispute and specific issues

two

Be patient

The lawyer is answering during the break, please wait patiently

three

Ingenious consultation

Any questions? Timely ask the lawyer to reply

Consult immediately

Want to get more business information

Scan WeChat