Is it illegal to forge shareholders' signatures to change equity?

Break the law. The act of forging shareholder's signature to change equity may constitute the crime of duty embezzlement or fraud. If it can be determined that the actor subjectively has the purpose of illegally occupying other people's property, he can take advantage of his position to illegally occupy shareholders' equity in company management, and the act of illegally occupying shareholders' equity in company management is punished as the crime of occupational embezzlement.

The parties have no right to dispose of the company's equity held by shareholders by forging shareholders' signatures, making false resolutions of shareholders' general meetings, and signing false equity transfer agreements. , and handle the industrial and commercial change registration, and then transfer the above equity to the transferee separately.

To sum up, the act of impersonating or forging shareholders' signatures to transfer shares is invalid. First, the company will convene a shareholders' meeting to approve the shareholder's equity transfer, and then the transferor (seller) and the transferee (buyer) will sign an equity transfer agreement. A person who impersonates a shareholder's signature cannot be legally effective, and the impostor shall bear all the consequences.

Legal basis:

Criminal law of the people's Republic of China

Article 266

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 27 1

Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

People's Republic of China (PRC) Civil Code

Article 3 1 1

If the person who has no right to dispose of the realty or chattel transfers it to the assignee, the owner has the right to take it back; Unless otherwise provided by law, in any of the following circumstances, the transferee obtains the ownership of real estate or chattel:

The transferee is in good faith when accepting real estate or movable property;

(2) Transfer at a reasonable price;

(3) The transferred immovable property or movable property that should be registered according to law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee.

If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the unauthorized person.

Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.