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伴随着公司法司法解释(三)的出台,我国法律明确了实际出资人与名义股东的概念,明确了当实际出资人与名义股东产生矛盾时,实际出资人应如何主张自己的权利,同时也明确约定了实际出资人想要成为公司股东的条件。但当公司通过股东会决议,不同意实际出资人成为公司股东,同时名义股东亦被人民法院宣告破产时,实际出资人应如何主张自己的权利,法律上并无明文规定,司法实践中对此也存在较大的分歧。
With the introduction of the judicial interpretation (III) of the Company Law, the law of our country has made clear the concepts of the actual investor and the notional shareholder, and clarified how the actual investor should claim his rights when the actual investor and the nominal shareholder have conflicts. Clearly agreed to the actual investor to want to become a shareholder of the company’s conditions. However, when the company passes the resolution of shareholders’ meeting and does not agree with the fact that the actual investor becomes the shareholder of the company, and the nominal shareholder is also declared bankrupt by the people’s court, the actual investor should claim his rights. There is no legal stipulation in the judicial practice There are also big differences.