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Economic Daily \/ Huang Peisong<\/p>\n
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The Taipei Prefectural Court’s previous first-instance judgment determined that the equity of 11<\/span> companies under the name of Weiwang Chairman Chen Qingfu and other oceanic overseas fruits was registered in a borrowed name, so it must be returned in full to Yuanchuan Jianzhong, the honorary chairman of Weiwang and the major shareholder of Minshi.<\/p>\n Borrowed name registration is quite common in Taiwan, usually occurs between family and friends, and there are hundreds of reasons for borrowed name registration, and the more common five reasons are tax saving and tax avoidance; circumvention of legal eligibility restrictions (agricultural land, indigenous reserves); Couple or parent-child friendship; Avoid debt collection and debt credit problems of debtors; Or simply hide property. However, there are many risks associated with registering under a borrowed name, and many people will be confused whether registration under a borrowed name is legal.<\/p>\n Let’s start with whether there is a violation of the law; The court has previously explained what registration is in the name of the borrower, the so-called registration of the name is that the parties agree that one party registers its property in the name of the other party, but still manages and uses it for disposal, and the other party allows the other party to register the property as famous, and its establishment focuses on the relationship of trust between the borrower and the famous person, and should be regarded in nature as the appointment contract, if the content does not violate the mandatory or prohibitive provisions or public order and good customs, so the nameless contract should be given legal effect, and the civil law appointment provisions should be applied by analogy.<\/p>\n So registration under a name is legal, but it creates many risks. For example, the equity of 11<\/span> companies under Chen Qingfu’s name, including Dayang Qiaoguo, was registered in a borrowed name and must be returned in full to the honorary chairman of Weiwang and the major shareholder of Minshi in the case of Jianzhong Chuan.<\/p>\n At the age of 70<\/span>, he began to register his shares with his son and his old minister, in order to let the three sons govern the business at home and abroad, slowly take over, and avoid disputes among their children; However, the second son, Chinwa Kusukawa, believes that his father handed over the equity to his three sons and the four old ministers to jointly manage the group by registering the equity in his name, and the lawsuit was fought in the hope that his father would recover the equity registered with the old minister in his name, and then the five brothers and sisters and their mother would decide how to distribute the family property.<\/p>\n Those who advocate registration under the borrowed name shall bear the burden of proof for the self-interested facts of the registration under the borrowed name. However, Qinhe put forward the minutes of the meeting, proving that before his father Chuchuan Jianzhong lost his mind, he said at the company meeting that the shares of companies such as Dayang Qiaoguo under the name of Chen Qingfu and other old ministers were registered under their names and decided to recover them, so the Taipei Prefectural Court ruled in the first instance that Chen Qingfu must return all the shares of Dayang Qiaoguo and other holding companies to Yingchuan Jianzhong.<\/p>\n However, many real cases, unlike this case, can provide proof of borrowing registration, because the court is quite strict about the proof of borrowing registration, and many parents in Taiwan will register real estate, stocks, etc. in the names of their children, and also for the sake of family affection, oral agreement, and do not make a written contract. If the children are unwilling to return the real estate or stocks registered in the borrowed name, there are often situations where parents and children go to court, or even use up their savings to file a lawsuit, which further hurts the harmony between family members. Therefore, if you want to register under your name, in addition to preparing for possible subsequent lawsuits, you should also take action to protect yourself in advance.<\/p>\n