A measured restriction is permissible. The succession clause may provide that “if the heir transfers the equity within X years of acquiring shareholder qualification, the other shareholders have a right of first refusal on equal terms”—this mirrors the preemptive-rights rule under Article 84 of the Company Law and is generally upheld. A complete prohibition on transfer, however, carries higher risk…

首页 › 家族信托是不是亿万富豪专属？ 门槛已显著下移，国内已有百万级资金信托和中小股权/保单装入信托的实践。判断标准不是身家数字，而是需求：有无多子女平衡、债务隔离、企业控制权安排、跨代分配需求。需求简单的，”遗嘱+保险+章程条款”三件套已够用。

Not a general partner. Under Partnership Enterprise Law Art. 50, a minor heir may become a limited partner with the unanimous consent of the other partners (the enterprise converts to a limited partnership); if consent is not obtained, the enterprise returns his property interest. This too reflects the partnership platform’s personality-based nature.

首页 › 协议签了之后能反悔吗？ 即时生效的婚内财产约定一般不能单方反悔。但如果存在显失公平、欺诈、胁迫等情形，可以在知道撤销事由之日起一年内请求法院撤销。超过一年未行使撤销权的，撤销权消灭。

It depends on whether the buyer qualifies as a bona fide acquirer. If the buyer knew or should have known of the existence of the nominee shareholding relationship, a bona fide acquisition is not constituted, and you may assert that the transfer is void and recover the equity. If the buyer was unaware, paid a reasonable price, and completed the…

Rarely. The court leans toward compensation — equity to one party, money to the other. Physical division applies only where the parties agree, other shareholders consent, and corporate personality is unaffected. The legal basis is Civil Code Art. 1087 and Marriage & Family Interpretation (I) Art. 73.

首页 › 婚内财产协议要不要公证？ 法律不强制要求公证，书面签署即可生效。但公证能大幅增强证明力，尤其在对方日后主张”受胁迫”或”不知情”时，公证书是强有力的反证。

In a contractual transfer to the spouse, the other shareholders need not “consent” but may claim first refusal — once they buy on equal terms, the spouse receives the transfer proceeds. No reply within 30 days is deemed a waiver, and the spouse may become a shareholder. A litigated partition is handled by the court ex officio; the other shareholders’…

There is room to contest it. In practice the heir may argue that this price clause is manifestly unfair where the equity’s value has surged, and the court may appoint a valuation to reset the price. It is advisable to amend the articles to a valuation-based or formula-based method as early as possible—especially once the company has appreciated substantially.

It is difficult. Amending the articles requires approval by shareholders representing more than two-thirds of the voting rights, yet the deceased shareholder’s equity is in a state of pending inheritance, and how their voting rights are exercised is disputed. A post-hoc amendment also risks being challenged as targeting a specific estate. The window for putting a succession clause in place…