Who is the right person to take stock of foreign partners?

Source: Internet
Author: User
Keywords Equity fit very
Tags company enterprise enterprises how to how to deal with it is stock

First, you are the founder and the major shareholder, as the investor's foreign partner wants to either you or you recommend the person to hold the shares, this very trusts you.

Second, to write good stock-holding agreements, both sides should consider how to deal with disputes in the event of a dispute. As for the validity of the agreement on behalf, as long as it is not a statutory invalidity, it should be considered as valid. In accordance with the provisions of the Supreme People's Court on several issues concerning the trial of disputes involving foreign-funded enterprises (a) ((2010)9): "15th, the contract agreed to the actual investment of one party, the other as a foreign investment enterprise nominal shareholder, does not have laws, administrative regulations of the invalid situation, The People's Court shall conclude that the contract is valid. The people's Court shall not support a party who claims that the contract is invalid or not valid only on the basis of approval by the approving authority of the foreign investment enterprise. If the actual investor requests the nominal shareholder of the foreign-invested enterprise to fulfill the corresponding obligation according to the two parties, the People's Court shall support. "However, there are some issues to consider, such as the scope of the company's business, whether there are laws and regulations prohibit or restrict access to foreign investment matters."

Third, the most risk is the foreign, the practice of many disputes is the generation of shareholders do not recognize the holding of shares, whether you or your relatives and friends of the holding of the risk, who have to look at the wrong person. In the shareholders ' resolution, the founder and the holder may conceal the foreign party by passing a resolution that is not favourable to the foreign. To find a substitute holder is to choose the right person, since and you cooperate, is to watch you. If there are no other familiar people, I guess I can only find you.

Four, if let your relatives and friends of the last admit, the dispute arose, will not affect you? Since it is a start-up, there is a lot of uncertainty. After the company dividends, financing, listing, bankruptcy, including foreign withdrawal of many problems, combined with the company's long-term strategy, it is necessary to consider more.

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