略论股份质押中的几个法律问题

融资困难,是中国民营公司普遍面临的问题。股份质押存在较大的风险,很难得到融资方的认可。为满足现实的融资需求,降低股份质押风险是非常必要的,可以采取的措施主要有:寻求办理质押登记的变通方式,从法律上限制股权的转让;公告股权质押的事实使质押具备公示力;严格审查公司的持续经营记录,对公司的资信状况作出评估;对公司实际控制人的资信状况进行评估,必要时要求控制人提供担保;要求参与公司的经营管理,随时监控其经营状况。

Several Legal Problems on Hypothecated Share

The private companies are facing the financing difficulty generally in our country. The hypothecated share has the bigger risk; it is very difficult to get the square approval of financing. In order to meet the realistic financing demand, it is very essential to reduce shares and hypothecating risk, the measures that can be taken is mainly as follows, the way of making changes according to specific conditions for hypothecating registration, limiting the transfer of the stock right legally; The fact of announcing the stock right enables hypothecating possess announcement strength ; Examinng the lasting operation records of the company strictly, make the assessment to the credit state of the company; Assess the credit state that the company controls people actually, demand to control people and tender guarantee in case of necessity; Demand to participate in the management and administration of the company, control its management state at any time.