Dispute over Confirmation of Shareholder Qualification in a Nominal Shareholding Case Involving a Trading Company in Fujian
Case Summary
Plaintiff Chen entered into an "Equity Nominee Holding Agreement" with Wang, a registered shareholder of Defendant Xiamen [Company Name] Trading Co., Ltd. The agreement stipulated that Plaintiff would contribute 60 million RMB as the actual investor and hold 30% of the company's equity in Wang's name. Plaintiff is the actual investor and beneficial shareholder, while Wang is the nominal shareholder and nominee. After the agreement was signed, Plaintiff paid the full contribution amount of 60 million RMB as agreed, actively participated in the company's management and shareholder meetings, and all other shareholders were aware of and acknowledged Plaintiff's status as the actual shareholder. The company has also distributed dividends to Plaintiff on multiple occasions. Subsequently, due to a dispute between Wang and Plaintiff, Wang refused to recognize Plaintiff's shareholder status and declined to cooperate with the equity registration transfer. Plaintiff filed a lawsuit requesting confirmation of their status as the actual holder of 30% of the defendant company's equity and sought an order for the company to assist in completing the equity change registration with the relevant authorities.
Key Dispute
Case Strategy
Processing Result
The court ruled that Plaintiff Chen is the actual shareholder holding 30% of the equity in Defendant Xiamen Certain Trading Co., Ltd. Within ten days of the judgment taking effect, the Defendant shall assist Plaintiff Chen in completing the change of registration for 30% equity with the relevant authorities, transferring the 30% equity currently registered under Wang from Defendant to Plaintiff Chen. The Defendant shall bear all litigation and preservation costs.
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