Legal analysis: proxy holding, also known as entrusted shareholding, anonymous investment or false name investment, refers to a kind of equity or share disposal method in which the actual investor agrees with others to perform shareholders' rights and obligations on behalf of the actual investor in the name of that other person. It is common in practice to hold shares on behalf of others, but there are great legal risks in holding shares on behalf of others. The risk that it is difficult for the actual investor to establish the shareholder status: although the judicial interpretation affirms the effectiveness of the equity holding agreement, the investment rights and interests are not the same as the shareholders' rights and interests, and the investment rights and interests can only be claimed to the nominal shareholders (holders) but not directly to the target company, which has certain limitations. The risk that the nominal shareholder infringes on the interests of the actual investor: In the general equity holding relationship, the actual investor is behind the scenes, while the nominal shareholder exercises shareholder rights in front of the stage. In the face of all kinds of temptations, it is likely that nominal shareholders have infringed on the interests of actual investors. Nominal shareholders also have risks. For example, when the actual investor fails to perform the obligation of capital contribution, if the creditor makes recourse, the nominal shareholder needs to bear the obligation to repay the capital contribution, and cannot refuse to bear the responsibility on the grounds that he is not the actual investor. If there is an agreement, it can be done according to the agreement. If there is no agreement, both parties shall settle it through consultation. If negotiation fails, a lawsuit may be brought to the people's court.
Legal basis: People's Republic of China (PRC) Company Law.
Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.
Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.
The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters.
Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.