Is a nominee shareholding agreement always valid?
As a general rule it is valid, but nominee arrangements that violate mandatory validity-control provisions are void—for example, nominee shareholding by a person prohibited from engaging in business (such as a civil servant), nominee shareholding by a foreign investor to circumvent market-access restrictions, or nominee holding of listed-company shares (expressly prohibited under Article 140 of the newly revised Company Law). A valid nominee arrangement resolves only the attribution of proceeds and does not automatically entitle you to become a shareholder of record.
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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