The Research Of Law Status Of Anonymous Shareholder In Limited Liability Company

With the development of reform and opening up, the economy flourish very much, and the company play a more and more important role in society and economy. At the same time, the investment of national and legal developed very much. The company shareholder is the most common investor. The company law prescribes that shareholder must be made known to public, for the purpose of ensuring the security of business deal and legal benefit of others. Because the company law do not forbid that investor must invest by the way of anonymity, the phenomenon of anonymous shareholder is more and more popular.Because the Chinese company law and the relational law of other countries do not clearly defined the phenomenon of anonymous shareholder, the status of anonymous shareholder and the right and the obligations become the unresolved debate topic. Although the law explanation of supreme court partly defined the phenomenon of anonymous shareholder, it do not explicitly resolve the relational problem of anonymous shareholder. I think that we should not simply say yes or no to the phenomenon of anonymous shareholder, and it is also wrong to directly use existing law to defined the phenomenon of anonymous shareholder like some people said. Therefore, I want to draw a clear conclusion for the status and relational problem of anonymous shareholder by analyzing the right and the obligations of the relational law relationship from the features and history of anonymous shareholder.The thesis consists of 3 parts.Part 1 is the overview of anonymous shareholder. From the concept and features, the type, the history, and other relational concepts of anonymous shareholder, it analyzes the phenomenon of anonymous shareholder in detail, and become the basis of later. Part 2 analyzes the status of anonymous shareholder in detail on the basis of the previous thesis. Firstly it analyzes the standard of shareholder qualification and guide the status of anonymous shareholder by the shareholder qualification. Secondly it summarizes the theory, the view of other countries, our existing law, and on the basis of these I put forward my view.Part 3 discusses mainly the law of the phenomenon of anonymous shareholder. Firstly it analyzes the view of defined the phenomenon of anonymous shareholder by agent system and trust system, and discusses the difference and contact, then points out. the defect of these views. Secondly on the basis of the previous thesis I draw the conclusion of prescribing the anonymous shareholder and explain the right and the obligations in detail.In the final part of the thesis, I stressed the central argument again. I think that we can not say yes or not simply about the phenomenon of anonymous shareholder, we should persist individual analysis in the context of legal. For specific matter, we should know the right and the obligations and the law features of anonymous shareholder, and defined the right and the obligations from the principle of the company law and civil law. So we can protect the interests of investors and ensure the security and stability of the business.