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A Word to Every Founder: While You’re Still Healthy, Put Your Equity-Inheritance Plan into the Articles of Association — A Four-Layer Template and Pitfall Guide for Share-Transfer-on-Death Clauses (Part 7 · Prevention)
This article takes the practical lever of “how to design the equity-inheritance clause in a company’s articles of association” for equity succession. Combining the company-autonomy theory under the Company Law, the validity-review rules for articles-of-association clauses, and judicial practice, it offers a four-layer design template and pitfall guide — from eligibility restrictions to buyback pricing.…
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What Will and What Insurance Should a Founding Shareholder’s Equity Be Paired With? Three Wealth Transfer Tools for Family Succession (Part 6: Prevention)
Part 6 (Prevention) | What Will and What Insurance Should a Founding Shareholder’s Equity Be Paired With? Three Wealth Transfer Tools for Family Succession This article addresses the core question of family wealth management — whether to use a will, insurance, or a trust for equity succession. Drawing on the doctrine of testamentary freedom and…
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Unvested Options and Restricted Stock in Divorce: To Divide or Not to Divide? – Property-Attribute Determination of Options as Expectant vs. Vested Rights (Part 5: Options)
Part 5 (Options) | Unvested Options and Restricted Stock in Divorce: To Divide or Not to Divide? This article addresses the cutting-edge dispute over whether unvested options and restricted stock constitute community property in divorce, and whether what is divided is the right itself or its property value. Drawing on the marital property regime under…
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Husband Holds Equity as Nominee for a Friend — Can His Wife Claim a Share at Divorce? How Courts Decide — Rules for Dividing Nominee-Held Equity in Divorce (Part 4 · Nominee Shareholding)
This article addresses the dispute over whether a spouse may claim a share of equity that one party holds as a nominee for another during the marriage, and examines the rules for dividing such equity where the nominee relationship is established versus where it is not — drawing on the entrustment contract regime of the…
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Why Startups Need a Legal Partner: Full-Cycle Protection from Equity Design to Compliance
Why Startups Need a Legal Partner: Full-Cycle Protection from Equity Design to Compliance Many entrepreneurs regard a lawyer as someone they only think of “when things go wrong”—rushing to find one only when a contract is about to be signed, when they are being sued, or when shareholders fall out. This “firefighter lawyer” model typically…
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When a Nominee Shareholder Dies Suddenly: Can You Recover Your Money and Shares? (Part 4 · Prevention)
This article focuses on the high-frequency dispute of “the actual investor’s remedies after the death of the nominee shareholder,” and, drawing on the legal validity of the nominee agreement, the conditions for a hidden shareholder to be registered as a shareholder of record, the rules on allocation of the burden of proof, and the principles…
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“The Equity Is Mine” in a Marital Agreement: Why Courts May Refuse to Enforce It — Three Pitfalls and How to Draft It Right (Part 3 · Property Agreements)
This article addresses the high-frequency trap of “why a property agreement signed by spouses during marriage is held invalid or voidable by the court at divorce,” and, drawing on Article 1065 of the PRC Civil Code on the spousal property-agreement system, Article 151 on the right to rescind for manifest unfairness, and Articles 538/539 on…
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When Shareholders Strip Out Capital: Who Pays the Company’s Debts? — The Test for Capital Withdrawal and Legal Liability | Lawyer Kevin Jun Lin
When Shareholders Strip Out Capital: Who Pays the Company’s Debts? The Test for Capital Withdrawal and Legal Liability After the company is incorporated, shareholders take back, under various pretexts, the capital they have already paid in — borrowing it out without repaying, transferring it out through fictitious transactions, or distributing dividends on inflated profits. Once…
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Corporate Deadlock: When and How to Seek Judicial Dissolution — Conditions, Procedure and Practice | Lawyer Kevin Jun Lin
Corporate Deadlock: When and How to Seek Judicial Dissolution — Conditions, Procedure and Practice Shareholders go from “rowing the same boat” to “fighting in the same room”; the company’s decision-making freezes, the official seal and account books are seized, the accounts are frozen—this is the real picture of many small and medium-sized companies at the…
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Can a Shareholders’ Resolution Be Revoked? Practical Strategies in Defective Resolution Litigation | Lawyer Kevin Jun Lin
盖章的决议就一定有效？林军律师详解决议不成立/无效/可撤销之别，新公司法三大利好、原告资格、四步攻防与抗辩自救，附高频问题。
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