On The Legal Status Of Real Investors

Actual investor of the company is a kind of main body in the practice of our country at present. The actual investor system meets the different investment needs of the fund holders, and has become an important investment subject in the economic and social development of our country. After the introduction of "The Provisions of the Supreme People’s Court on Some Issues about the Application of the Company Law of the People’s Republic of China(three) "(hereinafter referred to as the " Explanation Three"),the actual investor ’s dormant investment behavior has been made for the corresponding regulation,which to solve the related disputes of judicial practice and dormant investment behavior, has important significance. However the explanation did not fundamentally solve some of the problems of the actual investor in the face of the economic activities, this is due to the actual investment concept and connotation definition, and the actual investment legal status recognized standard is not clear. Based on this situation, this paper makes a further discussion on the actual investor’s legal status. The main contents of this paper are as follows:The first part is mainly to explain the actual investor legal status of the basic issues. This part is divided into two sections, and in the first section the basic problems of the actual investors are summarized, including the definition of the concept of the actual investor, the characteristics of the actual investor and the reason of the actual investor. In the second section, the four theories about the legal status of the actual investor in the theory circle are summarized.The second part mainly introduces the relevant norms of the legal status of the actual investor from the respective of comparative law. This part firstly within the territory of the People’s Republic of China and the actual investor legal status to determine the legal norms, mainly including the high court and the Supreme People’s Court of the relevant normative documents. On this basis, I have made a summary of the shortcomings of the existing motive documents. This part also gives a general summary of relevant legal norms related to the actual investors in some countries, in order to determine the legal status of the actual investor in China.The third part mainly introduces the determination and improvement of the legal status of the actual investor. In this part, the author first put forward the three principles of establishing the legal status of the actual investor, which should be followed to protect the public interest, to ensure transaction security and to respect the autonomy of the party. On this basis, from the actual investor and the nominal shareholder, the company and other shareholders, the legal relationship between the three parties to establish the legal status of the actual investor in our country.