Gazette Case: Zhang Guiping v. Wang Hua
Where founders' shares in a joint-stock company remain subject to statutory transfer restrictions, courts should distinguish a transitional custody or management arrangement from a completed prohibited transfer by examining the contract terms and the parties' performance. The existence of interim management or custody terms alone does not automatically render the related share transfer agreement invalid.
Holding
Where founders' shares in a joint-stock company remain subject to statutory transfer restrictions, courts should distinguish a transitional custody or management arrangement from a completed prohibited transfer by examining the contract terms and the parties' performance. The existence of interim management or custody terms alone does not automatically render the related share transfer agreement invalid.