put questions to 180000 lawyers answer online
home page > Selected answers > Stock Selection Answer > How to judge the risk of stock pledge financing

How to judge the risk of stock pledge financing

Time: April 26, 2024 label: Company operation stock right Reading: 1163 people
Lawyer's analysis:
Equity pledge It mainly involves the following potential risks: first, the price risk caused by the fluctuation of equity value in the market environment; Secondly, the credit risk brought by the pledger due to the lack of credit; also, statute Legal risks caused by imperfect system; In addition, Equity transfer There are still operational disposal risks that have not been perfected in the trading market.
Legal basis:
Article 443 of the Civil Code of the People's Republic of China
Where fund units or equity are pledged, the pledge right shall be established when the pledge registration is handled.
After the fund units and equity have been pledged, they may not be transferred, unless the pledgor and the pledgee agree through consultation.
The proceeds from the transfer of fund units or equity by the pledger shall be used to pay off the pledgee's debts in advance or be placed in escrow.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

The standard of equity distribution proportion of a company is usually determined according to the amount of capital contribution of shareholders, the agreement in the articles of association and the provisions of laws and regulations. The proportion of equity distribution in a limited liability company may be determined by the shareholders through consultation and shall be specified in the articles of association. Here are some common

The standard of equity distribution proportion of a company is usually determined according to the amount of capital contribution of shareholders, the agreement in the articles of association and the provisions of laws and regulations. The proportion of equity distribution in a limited liability company may be determined by the shareholders through consultation and shall be specified in the articles of association. Here are some common

The duration of equity transfer depends on many factors, including the process of transfer, the type of company, the terms of equity transfer agreement, approval procedures, etc. 1. Signing of equity transfer agreement: After both parties reach the transfer intention, they need to sign an equity transfer agreement. 2. Internal decisions

Selected pictures and texts Pufa video Voice Answers
  • How to divide the common property invested in the name of one party

     Legal Advisor

    Legal Advisor

    In a limited liability company, the contribution of a non shareholder spouse can be settled through equity transfer. If the husband and wife reach consensus through consultation, and more than half of the shareholders agree to transfer and give up the preemptive right, the spouse can become a shareholder; If it is opposed but other shareholders are willing to purchase at the same price, the court will intervene in the property division; If the majority shareholders both oppose and do not buy, it is deemed as acquiescence, and the spouse may still become a shareholder.

    Views: nine hundred and five 2024-06-30
  • Whether the joint property of husband and wife includes shares

     Legal Advisor

    Legal Advisor

    The share income obtained during marriage is usually regarded as the result of joint investment of husband and wife, and listed as common property. However, if both parties have a clear agreement on this, they shall comply with the agreement. If the fund for purchasing shares is originally the joint property of the husband and wife, the corresponding shares are regarded as the joint equity of both parties.

    Views: one thousand one hundred and ninety-seven 2024-06-30
  • Whether the company name can be changed after equity pledge

     Legal Advisor

    Legal Advisor

    Equity pledge is a means of financing. The pledger borrows money from financial institutions with the company's equity held by it as a guarantee. The core is that the pledger sets guarantees to financial institutions to meet its own capital needs by taking equity as the subject matter, so as to obtain loans. When this field is involved, it may involve the change of equity name.

    Views: one thousand three hundred and five 2024-06-30
  • How can a dormant shareholder be recognized as a shareholder of the company

    Lawyer Liu Wanfen

    When requesting confirmation as a shareholder of the Company, the dormant shareholder shall provide evidence to prove that there is a legal and effective proxy shareholding agreement between the dormant shareholder and the nominal shareholder. At the same time, it shall be noted that if the dormant shareholder aims to circumvent the mandatory provisions of the law, for example, in order to circumvent the prohibitive provisions of the law that prohibit certain subjects from investing in specific industries, to invest in the name of others, Then the contract signed between the dormant shareholder and the nominal shareholder will be invalid, and cannot protect the shareholders' rights of such dormant shareholders.

    Play volume: one thousand two hundred and one 2022-06-15
  • How to confirm the qualification of dormant shareholders

    Lawyer Liu Wanfen

    When requesting confirmation as a shareholder of the Company, the dormant shareholder shall provide evidence to prove that there is a legal and effective proxy shareholding agreement between the dormant shareholder and the nominal shareholder. At the same time, it shall be noted that if the dormant shareholder aims to circumvent the mandatory provisions of the law, for example, in order to circumvent the prohibitive provisions of the law that prohibit certain subjects from investing in specific industries, to invest in the name of others, The contract signed between the dormant shareholder and the nominal shareholder will be deemed invalid due to violation of the provisions of the Civil Code.

    Play volume: one thousand and thirty-four 2022-06-15
  • What are the rights of dormant shareholders

    Lawyer Peng Yanlin

    A dormant shareholder refers to an investor who, for a specific reason, establishes a company in the name of others and does not show his name in legal documents such as the articles of association and the register of shareholders. In fact, the apparent shareholders are the proxy holders of the dormant shareholders, and the actual effect of the rights of the apparent shareholders in the company belongs to the dormant shareholders. As the dormant shareholder is the actual contributor, according to the agreement between the dormant shareholder and the nominal shareholder, the investment income shall belong to the dormant shareholder.

    Play volume: four hundred and fifty-five 2022-06-09
 Legal Counsel

Nomogram

Consult immediately
  • How big is the legal risk of equity proxy

    1591 people read

    In China, the actual investor may not be able to directly control the equity, and there are legal risks, such as the legal effect of the proxy agreement being questioned, the apparent shareholders infringing the rights and interests of the dormant shareholders, and the difficulties in identifying the identity of the dormant shareholders. In addition, creditors of prominent shareholders may take enforcement measures, and there are other unknown risks.

  • How to distribute dividends to shareholders of a limited company

    1151 people reading

    According to the Company Law, the shareholders of a limited liability company shall pay dividends in proportion to their paid in capital contributions. However, shareholders may agree in writing not to pay dividends according to the proportion of their capital contributions, or waive the right of preemptive subscription for new shares. The proportion of dividends and new shares subscribed by shareholders shall be in accordance with the proportion of paid in capital contribution if there is no agreement, or in accordance with the agreement if there is agreement.

  • How to increase shareholders in one-man company

    1583 people read

    When the equity change of one person company involves capital increase and share expansion or equity transfer to new investors, a written contract shall be signed and submitted, and the change registration shall be handled. The process includes convening shareholders to hold a board meeting, publishing resolutions and articles of association after agreeing to increase capital, opening a capital verification account, submitting a capital verification report and transferring capital to the basic account. If the assets of the company cannot be clearly distinguished from the personal property of shareholders, the company needs to bear joint and several liabilities for its debts, and creditors can apply for the enforcement of shareholders.

  • What procedures are required to terminate the relationship of equity holding

    1526 people read

    To terminate the relationship of equity proxy, it is necessary to sign an equity transfer agreement, transfer the proxy equity to the actual controlling party or its designated third person, and go to the industrial and commercial administrative department to handle the registration of shareholder adjustment. The proxy shareholders shall bear legal liabilities according to the proxy agreement and have the right to claim compensation from the actual equity holders.

How to Sentence for Intentionally Injuring Fractures Several years for intentional injury How many days is the criminal detention for intentional injury crime How many years is the sentence for stealing 30000 yuan How long is the sentence for helping information network crimes How to Judge the Crime of Intentionally Injuring the Head How many years should a gang trust be sentenced to at the age of 16 How long is the yellow sentence How long do you usually go to prison for three years How to Judge the Crime of Intentionally Injuring Others with Minor Injuries How many years can be sentenced to a burglary of 5000 yuan How to Judge Juveniles for the Crime of Intentionally Injuring Others How many years is the sentence for robbery with a knife How to compensate for intentional injury How many years have you been sentenced to rape 11 months in prison How long do you actually sit Can intentional injury be mediated Death sentence for intentional injury for several years How long is the sentence for burglary How long will the score be judged Intentionally hurt others How to judge minor injuries caused by intentional injuries Maximum sentence for intentional injury What is the maximum reduction of sentence in 13 years How many years will it take to extort 500000 yuan How to judge intentional injury Sentencing standard of grade one for intentional injury and minor injury How long is the running score How to judge the second level of serious injury caused by intentional injury 16 How many days to detain for fighting
View All