Interpretation Path of Equity Transfer Guarantee Effect from the Perspective of Company Law

Abstract

In China, the judicial practice has confirmed the effect of the transfer of share rights guarantee, but it is often classified into the standard framework of general transfer of movable property guarantee and lacks the special system consideration in the company law of share rights. Therefore, the commercial purpose of the transfer of share rights guarantee and the market rules it follows can provide an interpretation path in the view of Company law for the affirmation of the validity of the transfer of share rights guarantee. The characteristics of equity transfer guarantee, such as compound power, formal appearance, and common value, should be incorporated into the legal framework. In terms of internal effectiveness, the scope of the rights of the parties should be determined based on the shareholder qualification system of the Company Law. In terms of external effectiveness, it should follow the normative and theoretical purposes of the Company Law, and determine the rights and obligations of each party according to the specific situation.