Case Summary
原告陈某与被告厦门某贸易有限公司的登记股东王某签订《股权代持协议》，约定由原告实际出资60万元，以王某的名义持有被告公司30%的股权，原告是实际出资人、隐名股东，王某是名义股东、代持人。协议签订后，原告按约定足额支付了60万元出资款，实际参与了公司的经营管理、股东会决策，公司的其他股东均知晓并认可原告的实际股东身份，公司也多次向原告分配了分红。后因王某与原告产生矛盾，王某拒绝承认原告的股东身份，也不配合办理股权变更登记。原告遂诉至法院，要求确认其为被告公司30%股权的实际股东，公司配合办理股权变更工商登记手续。
Key Dispute
1.Is the "Equity Nominee Holding Agreement" signed between the plaintiff and Wang valid?
2.Whether the plaintiff has actually fulfilled their capital contribution obligations and participated in the company's management.
3.Do the company's other shareholders know and acknowledge the plaintiff's status as a shareholder?
4.原告主张确认股东资格、办理股权变更登记是否符合法律规定
Case Strategy
1.Secure core evidence including the Equity Nominee Holding Agreement, payment vouchers for capital contributions, company dividend records, evidence of the plaintiff's participation in corporate management and shareholder meeting decisions, testimonies from other shareholders, and communication records between both parties.
2.Provide evidence that the "Equity Nominee Holding Agreement" signed between the plaintiff and Wang is a true expression of intent by both parties, does not violate mandatory provisions of laws or administrative regulations, and is legally valid.
3.Demonstrate that the plaintiff has fully fulfilled their capital contribution obligations as agreed in the agreement, actively participated in the company's operations and shareholder meeting decisions, and that all other shareholders are aware of and acknowledge the plaintiff's actual status as a shareholder. The plaintiff has effectively exercised shareholder rights and fulfilled shareholder obligations.
4.举证证明原告主张确认股东资格、办理股权变更登记，符合《公司法》及相关司法解释的规定，法院应予支持。
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.