The Legal Issue Of Dormant Shareholders

Beginning with the dormant investment in real life, the thesis analyzes and defines the basic concepts in three aspects such as the way of expression for shareholders'status, the management of the stock ownership and the right to have inside information. By doing so, the thesis concludes ten basic characteristics of dormant shareholders and elaborates the legal property of dormant shareholders practically and theoretically. And also the thesis differentiates dormant shareholders from the long existing concepts, e.g. common shareholders , fake shareholders, vacant shareholders, dry shareholders, which pays the way for deep understanding of dormant shareholders so as to classify dormant shareholders in way of both legal practice and theory. Furthermore, the thesis analyzes the concept and status of dormant shareholders from the view of the civil legal system and gains thorough understanding through comprehensive study of concept unification of dormant shareholders in the civil legal system.The thesis will focus on analyzing the legal status, legal relations and legal responsibility of dormant shareholders among which the legal status is mainly analyzed. The legal status of dormant shareholders is manifested in the legal relation between dormant shareholders and other shareholders. The legal status is regarded as the nature of the legal relationship and meanwhile based on the legal relationship. Legal responsibility is the consequences of the legal status and legal relations. The thesis focuses on the analysis of the different legal status of dormant shareholders inside and outside of the company, analyzes the differences about the legal status of dormant shareholders formed from the state-owned enterprises reform and explores the different legal status of dormant shareholders in the process of the implementation of procedural law. The thesis sums up the three different levels of dormant shareholders legal relationship such as the legal relationship between dormant shareholders and significant shareholders, dormant shareholders and the company, dormant shareholders and the third person as well as formation principles and value orientation. The thesis emphasizes on the study of the relation of contract law among dormant shareholders and significant shareholders and provides the creative viewpoints for establishing trust stake relationship of dormant stock lights in the procedures and conditions of transformation between dormant shareholders and significant shareholders. The thesis further studies and concludes the legal responsibilities concerning the varied disputes of dormant shareholders from the legal status of dormant shareholders and analyzes the corresponding judicial relief principles and the specific approaches, providing the theoretical and practical guidance for handling the judicial practice involved in the different disputes of dormant shareholders in real life which is of great practical significance, and the regulation of the legal issues from dormant shareholders for reference.