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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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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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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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Who Loses When Nominee Shareholding Goes Wrong? Conditions, Risks and Self-Help for Hidden Shareholders Seeking Registration | Lawyer Kevin Jun Lin
出钱却挂别人名下？林军律师详解股权代持的效力边界、隐名股东显名三要件、四大致命风险与防范清单，附新公司法要点与高频问题。
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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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Company Never Pays Dividends or Shows the Books? An Action for Inspection Rights Shows You How to Legally Inspect | Lawyer Kevin Jun Lin
小股东被挡在门外查不了账？林军律师详解股东知情权之诉：从法定范围、前置程序到公司拒绝的破解之道，附新公司法三大利好与高频问题。
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Shareholder Exit Clauses: Without an Exit Clause, Your Investment May Never Come Back
Shareholder Exit Clauses: Without an Exit Clause, Your Investment May Never Come Back Kevin Jun Lin, Lawyer · Corporate Law Compass June 2026 The first lesson of starting a company is “how to get in,” and the last lesson is always “how to get out.” In the practice of equity investment, a regrettable reality is…
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The Veto Right: A Minority Shareholder’s Shield or a Stumbling Block? — Explained by Lawyer Kevin Jun Lin
In venture capital and corporate governance practice, the “veto right” is something both coveted and feared. For outside investors holding a minority stake, the veto right is the last line of defense protecting their interests; yet for the founding team and the actual controlling party, an excessive grant of veto rights may plunge the company…
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The Right of First Refusal in Shareholders’ Agreements: One Clause That Determines Whether You Keep Control
The Right of First Refusal in Shareholders’ Agreements: One Clause That Determines Whether You Keep Control I. A Real Case In 2023, the three founders of a Shanghai technology company ended up in litigation over an equity dispute. At the company’s founding, each held one-third of the equity. Two years later, one of the shareholders…
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