Shareholder Disputes Caused By Company Registration Is Not Standardized.

A few days ago, two court members of the court of Beitang accepted several cases arising from the company's irregular registration.

Case 1: A is a shareholder of a company. Because of the B debt owed by the creditor, it is discussed with the other shareholder C of the company, pferring the shares under its name to C, and paying the debts directly by B to the B through the share pfer fund.

After the agreement was not fulfilled, the creditor B was signed by the street staff on the condition that A was unaware and absent, and registered with the administrative department for Industry and commerce, and changed the ownership of A to B.

After A was informed, he took the name of B to handle the pfer of shares, and sent the B to the court for confirmation.

Example two: a company was established in 2008. The registered shareholder is ABCDE five, and the legal representative is A.

The company is in debt during its operation.

The above two cases are typical. They are all disputes arising from the signature of others and the registration of industrial and commercial registration in the name of fraudulent use. After hearing the case, the court finally supported the plaintiff's claim.

In recent years, similar cases have been increasing gradually, which not only caused problems to the normal operation of the company, but also brought great risks to the paction security.

To this end, the two court of Beitang court issued early warning information and made the following recommendations:

First, the registration and alteration registration of a company is a civil act with legal significance, and it has the legal consequences of publicity to the whole society.

The shareholders registered by the industry and Commerce will bear corresponding rights and obligations to the company's business activities in accordance with the law.

Therefore, the registration and registration of companies should be strictly regulated in accordance with the provisions of the law, so as to ensure that the materials provided are authentic and effective.

Two, the relevant materials for business registration and alteration registration, such as articles of association, resolutions of shareholders' meetings, minutes of meetings of the board of directors, and agreement on the pfer of shares, etc., should ensure that they sign their names and avoid signing or replacing them.

If a shareholder fails to exercise his rights due to absence, he shall issue a letter of authorization signed by himself, which specifies the specific matters of authorization.

In the trial, the judicial officers found that the phenomenon of taking the name of the shareholder and signing the name of the shareholder often occurred in the project of attracting investment. Some investment staff took over all the procedures of the company's registration, including signature, and buried the legal risk of disputes in the future.

Three, it is proposed to conduct a comprehensive clean-up check on the company's registration materials. If there is any legal flaw, take appropriate measures to correct it in time.