1. What are the causes of equity disputes?
Disputes over the confirmation of shareholders' qualifications, records in the register of shareholders, requests to change the company's registration, disputes over shareholders' capital contribution, disputes over the subscription of new capital, disputes over shareholders' right to know, disputes over requesting the company to purchase shares, disputes over the transfer of equity, disputes over company resolutions (including disputes over the confirmation of the effectiveness of company resolutions and disputes over the cancellation of company resolutions), Disputes over company establishment, company license return, sponsors' liability, company income distribution, damage to shareholders' interests, damage to creditors' interests, damage to related party transactions, company merger, company division, company capital reduction, company capital increase, company dissolution, company application for liquidation, liquidation liability and equity disputes of listed companies cover a wide range.
It may be disputes over shareholder qualification confirmation, equity transfer, company resolution, and disputes that harm the interests of shareholders of the company. Therefore, the company's equity dispute depends on the source and focus of the dispute, and then determine which cause of action it is.
Second, how to deal with the company's equity disputes
1, the dispute between the two parties to the equity transfer shall be listed as the defendant, and if it involves the interests of the company, it shall be listed as the third party.
2. Litigation disputes involving the preemptive right of other shareholders should be listed as the defendant, the company as the third party, and the interests of other shareholders should be added as the third party.
3. Disputes arising from the transfer of equity with defective capital contribution If the equity transferee still accepts the shares knowing that the transferor's capital contribution is defective, the creditor or company has the right to list the equity transferee as the defendant and require it to bear joint and several supplementary liabilities for the unpaid capital contribution that has not been paid in full on time. If the transferee does not know, it should not bear the responsibility, or it can list the transferor as the defendant and request to terminate the transfer contract.
4. When disputes arising from the transfer of shares by anonymous shareholders or actual investors involve disputes between anonymous shareholders and prominent shareholders, prominent shareholders should generally be listed as defendants; The company is listed as the defendant when anonymous shareholders are required to be named; When disputes with third parties are involved, the third parties and prominent shareholders will be listed as * * * co-defendants. The third party and the dormant shareholder, the third party should list the dormant shareholder as the defendant.
In our real life, if there are some company equity disputes, we must find a suitable way to solve them. If we are willing to solve the problem through litigation, then it is definitely necessary to submit a civil complaint and evidence materials, and at the same time, we need to identify the defendant, because the company may need to be listed as a third party.