If the nominal shareholder secretly sells the equity, can I get it back?
If the third party acquired it in good faith (unaware of the nominee arrangement, paying a reasonable price, and having it registered), the equity generally cannot be recovered, and you can only claim damages from the nominal shareholder. If the third party knowingly acquired it despite awareness of the nominee arrangement, you may assert that the transfer is void. As a preventive measure, you may have the nominal shareholder pledge the equity to you, blocking unauthorized disposition.
Further Reading
The Company Never Distributes Dividends or Shows You the Books? The Action for Inspection Rights Teaches You How to Legitimately Inspect the Accounts | Lawyer Kevin Jun Lin
The Right of First Refusal in Shareholders’ Agreements: One Clause That Determines Whether You Can Hold Control of the Company
Shareholder Exit Mechanism Clauses: Without an Exit Clause, Your Investment May Never Be Recoverable
Drag-Along and Tag-Along Rights: When a Majority Shareholder Wants to Sell the Company, What Can a Minority Shareholder Do?
Profit Distribution: How to Divide the Money When You Make a Profit? No Agreement Is a Disaster
Source article: Who Loses When Nominee Shareholding Goes Wrong? Conditions, Risks, and Self-Help for a Hidden Shareholder’s Registration as a Shareholder of Record | Lawyer Kevin Jun Lin
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