Study On The Legal Issues Of The Identification Of The Actual Investor's Shareholder Qualification

The core of resolving the disputes caused by the actual investor is the identification of actual investor's shareholder qualification. The rights of the actual investor can not be well protected because of lacking of legislation and the iffy stipulation in judicial interpretation. This text is to analyze the issue about the identification of the actual investor from both theoretical and practical aspect, to demonstrate the necessity and feasibility of confirming of the actual investor'identity as a shareholder, to find a specific path to confirm of the actual investor's identity as a shareholder and to submit the legislative suggestions about the identification of shareholder qualification.The full text is divided into four parts, the content is as follows:Part one mainly discusses the basic theory of the actual investor. This chapter introduces the conception and the feature as well as the comparison between the conception of the actual investor and the related concepts and the cause of the actual investor, thus to lay the foundation for resolving the disputes caused by the actual investor in the fowling text.Part two introduces the legislation and practice about the identification of the actual investor's shareholder qualification. In the beginning, this chapter discusses the relevant regulations of the company law and analyzes them to indicate that the problem is getting worse because of the blind spot of the legislation.Then it presents the relevant regulations of the judicial interpretation of the Supreme Court and summarizes the conditions which is needed when confirming the actual investor'identity as a shareholder and the specific procedure for judicial confirming.Part three is a comment on the main theories about the identification of the actual investor's shareholder qualification. The first part is a general introduction of the three criteria about confirming the qualification of the shareholders:the substantive theory, the formal theory, and double standard theory. And then the second part makes a comment on the advantages and disadvantages of the three criteria respectively to draw a conclusion that the actual investor's identity as a shareholder can be recognized under some circumstances.Part four is the legal thought about the identification of the actual investor's shareholder qualification. Firstly, this chapter demonstrates the necessity of confirming the actual investor'identity as a shareholder. Then it reasons the feasibility of confirming the actual investor'identity as a shareholder. Finally, it puts forwards the legislative proposals about the problem.