The wife has no right to divide the equity itself (which belongs to the actual investor). But if the husband received remuneration or fees for the nominee holding, that income constitutes marital property and the wife is entitled to a share.

Not necessarily. The fact that the other shareholders knew of the nominee shareholding relationship and raised no objection is an important factor supporting the actual investor’s registration as a shareholder of record, but the condition under Article 24 of Judicial Interpretation III of the Company Law — that “more than half of the other shareholders of the company consent” —…

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).…

Three requirements: actual capital contribution + a nominee agreement (a written agreement or other evidence proving the nominal-holding intent) + the consent of more than half of the other shareholders. In practice, this is often achieved by the nominal shareholder ‘transferring’ the equity back to the actual investor, which triggers the other shareholders’ right of first refusal; under the newly…

The action for inspection rights is a means, not an end. Once verified, you may further assert the right to request profit distribution, file an action concerning liability for harming the company’s interests (a shareholder derivative action), or, where the conditions are met, request the company to repurchase the equity or dissolve the company. Source article: The Company Never Distributes…

The shareholder must return to the company the principal and interest of the withdrawn capital contribution; where loss is caused to the company, it shall bear compensation liability; when pursued by creditors, it shall bear supplementary compensation liability for the unsatisfied portion of the company’s debts within the scope of the principal and interest withdrawn; other shareholders, directors, supervisors, senior…

Require the other party to produce the written nominee agreement, actual capital contribution vouchers (bank statements) and dividend flow records. If the other party cannot provide a complete chain of evidence, the court will find the nominee holding not established and the equity will be marital property.

Yes. Article 53 of the newly revised Company Law provides that where loss is caused to the company, the directors, supervisors, and senior management who are responsible shall bear joint and several liability for compensation together with the shareholder who has withdrawn capital. Directors, supervisors, and senior management must exercise their duty of review when approving and handling large transfers…

The defendant is the company, and the other shareholders participate in the proceedings as third parties. This differs from ordinary shareholder disputes, where a shareholder is the defendant.

If the nominee agreement was signed retroactively during a period of marital tension or pending divorce litigation, the court will focus on reviewing its authenticity. If it is a fictitious nominee arrangement created through malicious collusion to transfer marital property, it is deemed void under Article 154 of the PRC Civil Code, and the equity remains joint property.