Study Of Anonymous Investment-related Legal Issues

With our economic development, the dormant investments have increased day by day and result in the emerging up of disputes in this situation. It is difficult for courts to deal with such disputes because of the dormant nature of investors and the complexity of investment relationship & the lack of law regulations on dormant investment. And consequently, the legal issue of dormant investment has become one of the hot and confused topics in the current judicial practices. So I chose the legal issues related with dormant investment as the subject of this thesis, hoping my research could be some help to the settlement of dormant investment disputes in our judicial practices.This thesis includes three parts, preface, main text and conclusion and the main part contains four chapters.The first chapter is a brief introduction, giving a basic definition of dormant investment. The term'dormant investment'can be used in a broad and narrow sense. While the broad sense referring to all kinds of investing activities by dormant partners and the narrow sense referring to one legal situation where the actual investor varies from the apparent one on the enterprise regulations, the shareholder enlist book, or the other registration records of industrial and commercial administrative authorities. And the latter sense of dormant investments was discussed here alone. The writer concludes the legal characteristics of dormant investment and makes classification in terms of different levels. And next, the writer argues the causes, and illustrates the relationship between the dormant investor and the apparent investor from the angles of agent and trust. The effect of dormant investment is the focal point of Chapter1. In the second article, the writer analyzes the confirmation of the qualification of shareholders from six aspects: the article of association, paid-up capital, registration with AIC, the certificate of capital contribution and the register of shareholders, the actual exercise of shareholder rights, and the bearing of shareholder duties. The writer points out that the confirmation of qualification of dormant investment should consider many factors. In the specific cases, the confirming of factual evidences should rely on the real intention of the invest acts. And lastly, the writer concludes how to confirm the qualification of the dormant investors.In the third article, the writer tries to study the specific legal issues involved in dormant investment and their solutions through analyzing the relationship between the various parties involved in the dormant investment(including the relationship between the dormant investors and the apparent shareholders, the relationship between the dormant investors and the companies, and the relationship between the dormant investors and third parties).In the fourth article, the writer raises some considerations on the necessity and form of dormant investment legislation according to our country reality. The settlement of dormant investments disputes need legal regulation as well as effort from other aspects such as economic lever. At last, the writer makes a conclusion, restating that the legal issue of dormant investment can not be resolved in a short time which needing the cooperation of academic research and judicial practice.