1. Civil legal events that occur when nominal shareholders use the equity of substantive shareholders are generally handled in accordance with the rules of bona fide acquisition;
2. If the creditor requests the nominal shareholder to repay the creditor's rights, the nominal shareholder may not take its non-substantial shareholder as a defense, but after repaying the relevant creditor's rights, he may request compensation from the substantial shareholder;
3. The rights of nominal shareholders and substantial shareholders come from the agreement of both parties and are exclusive. The parties shall not use the register of shareholders as a defense, and accordingly, the substantive shareholders shall not replace the status of nominal shareholders with their substantive equity requirements;
4. Friends set up a company in partnership and take shares in the name of the parties. The actual investor of a limited liability company enters into a contract with the nominal investor, stipulating that the actual investor contributes and enjoys the right to contribute, and the nominal investor is only a nominal shareholder;
5. The effectiveness of the agreement between the actual investor and the nominal shareholder is only valid for both parties and not legally binding on the third party. Nominal shareholders shall be liable to a third party other than the company in accordance with the principle of formalism.
Extended data:
Article 27 Mode of Contribution of People's Republic of China (PRC) Company Law
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations;
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
Article 28 Obligation of capital contribution
Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank;
Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law. Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.
Article 32 the register of shareholders
A limited liability company shall keep a register of shareholders, which shall record the following items:
(1) the name and domicile of the shareholders;
(2) Capital contribution of shareholders.
(3) The serial number of the capital contribution certificate. Shareholders recorded in the register of shareholders may claim to exercise their rights according to the register of shareholders, and the company shall register the names of shareholders with the company registration authority; Where the registered items are changed, the registration of change shall be handled. Without registration or change of registration, it may not confront a third party.