Where a shareholder's signature is fraudulently used by others, claiming that the equity transfer agreement is invalid, the transferee in the equity transfer agreement shall be the defendant, and the responsible person who fraudulently uses the name of others shall be the co-defendant; When a shareholder brings a lawsuit on the grounds that the resolution of the shareholders' meeting to transfer his equity is invalid, he shall take the company as the defendant, confirm the validity of the resolution of the shareholders' meeting, and participate in the lawsuit as a third party without independent claim in the name of others.

legal ground

Article 147 of the Civil Code of People's Republic of China (PRC)

Based on serious misunderstanding, the actor has the right to request the people's court or arbitration institution to cancel the civil juristic act.

Article 148

If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.

Article 149

If a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.