The steps are as follows:
1. If a natural person, legal person or other organization claims to the People’s Court to confirm its ownership of the company’s equity, the following facts must be proved: (1) In the form of currency, physical objects, knowledge Contribute capital to the company through property rights, non-patented technology, equity, bonds, land use rights, etc.; inherit the company's equity or obtain technology shares, gift shares, etc. in a legal manner. (2) Has been recorded as a shareholder of the company in the company's articles of association or the company's shareholder list.
2. After the investor of a limited liability company performs its capital contribution obligations or the equity transferee transfers its equity, the company fails to issue an investment certificate to it or fails to record it in the company’s shareholder list, the shareholder may file a petition with the people The court filed a lawsuit and requested the company to fulfill its obligation to issue records.
3. After the establishment of a joint-stock company, shareholders who have fulfilled their capital contribution obligations have the right to request the company to deliver the stocks; if the company fails to deliver, the shareholders can file a lawsuit in the People's Court to request the company to fulfill its delivery obligations. If a person becomes a shareholder by purchasing shares of a listed joint-stock company through the securities exchange market, his or her identity as a shareholder can be proven by stock transaction records. If he or she files a lawsuit requesting the company to deliver shares, the People's Court will not support it.
4. If a company shareholder recorded in the limited liability company’s shareholder register claims shareholder rights against the company, and the company has no contrary evidence to prove that its request is unreasonable, the People’s Court shall support it. If a limited liability company fails to prepare a shareholder register, or fails to record the investor or transferee in the shareholder register in a timely manner due to irregularities in the registration and management of the shareholder register, but recognizes the shareholder status of the investor or transferee in other ways, the investor or transferee shall The person may claim rights against the company in accordance with the preceding paragraph.
5. A limited liability company shall apply to the company registration authority for registration or change registration of the investor or equity transferee as a shareholder of the company in accordance with the company registration regulations. If the company refuses to apply for registration, the investor or transferee may file a lawsuit with the People's Court, claiming that it enjoys the company's equity and requests the company to perform its registration obligations. If a shareholder claims rights against the company, and the company merely defends itself by saying that it has not registered as a shareholder with the company registration authority, the people's court will not support its defense.
6. After the investor of a limited liability company performs its capital contribution obligations or the transferee of the equity transfer pays the transferred funds, the company fails to issue an investment certificate to it, fails to record it in the company’s shareholder list, or fails to record it in the company’s shareholder list. As a shareholder of the company, he applies to the company registration authority for registration, and if the investor or transferee files a lawsuit requesting an order to order the company to perform its obligations of issuing, recording or applying for registration, the people's court shall support it
7. Both parties If it is agreed that one party will actually contribute capital and the other party will participate in the company in the name of a shareholder, and it is agreed that the actual investor is a shareholder or bears investment risks, if the actual investor claims that the nominal investor transfers the property interests of the shares, the People's Court shall support it; however, it violates the mandatory provisions of the law. Except. If one party actually contributes capital and the other party participates in the company in the name of a shareholder, but the two parties have not agreed that the actual contributor will be a shareholder or bear investment risks, and the actual contributor has not participated in the management of the company as a shareholder or actually enjoyed shareholder rights, there shall be no determination between the two parties. It is an anonymous investment relationship and can be treated as a creditor-debt relationship. In the above-mentioned disputes between actual investors and nominal shareholders, the company can be named as a third party to participate in the litigation.
8. If a creditor claims that the nominal shareholder of the company in the industrial and commercial registration documents is liable for compensation for false capital contributions, the people's court should support it. After the nominal shareholder assumes responsibility to the company's creditors, it can recover the losses suffered from the actual investor in accordance with the agreement. In an appeal dispute, if the company's creditors list the actual investor and the nominal shareholder as co-defendants, the people's court may rule that both parties are jointly and severally liable based on the facts of the case. Nominal shareholders shall not be held liable if they have sufficient evidence to prove that they have been impersonated as shareholders by others.