Abstract:
When the creditor of the nominal shareholder applies for compulsory execution on behalf of the holding equity, the anonymous shareholder changes himself into a registered shareholder in order to manifest the investment equity. In the choice of litigation, the lawsuit of equity confirmation should not be brought together with the lawsuit of execution objection, but the enforcement should be ruled out first through the lawsuit of execution objection, and then the lawsuit of equity change should be brought. The identification of dormant shareholders' shareholder qualification should be based on the distinction theory, which has no necessary connection with external relations. Externalism applies to external relations, and the creditors of nominal shareholders belong to the category of the third party stipulated in Article 32, paragraph 3 of Company Law. When the anonymous shareholders are lazy to eliminate the inconsistent appearance of rights in equity registration and the creditors of nominal shareholders are in good faith, the anonymous shareholders cannot exclude the enforcement of creditors of nominal shareholders.