| The actual investor as a special phenomenon of modern economic development, as itsmissing of identity, is apt to lead the Company’s operations to a series of difficulties, such asthe actual investor eligibility issues, the validity of the actual investor equity transfer,theactual investor with the nominal investor, the company and third party disputes and how tosolve those problems. Therefore, I proceed from the introduction of the actual investor, leadsto the causes of the the actual investor,and is to investigate the real base relationship betweenthe actual investor and the nominal investor, and by analyzing the actual field of investortheory and its controversial points, combined with the latest introduction of the " The ThirdJudicial Interpretation Of The Company Law " hoping thereby seeking a way to protect theinterests of the actual investor and resolve disputes.The article is divided into an introduction, body, conclusion of three parts, and the bodyis divided into three chapters.The first chapter is an overview of the actual investor. Starting with the theoretical andpractical calling of dormant shareholders,which is not appropriate, because ofself-contradiction, therefore leads to the legal concept of "the actual investor "; followed fromfiduciary relation, the principal-agent relationship, partnership relationship, the base of therelationship between the actual investor and the nominal investor, and think it is a relationshipof trust; again, in this article,analysis the cause of the actual investor in fraud of law andnon-fraud the law;Finally, talk about common types of disputes of the actual investor inpractice based on their identity.The second chapter is the actual investor shareholders qualifications relevant theoriesand legal interpretation. First of all expounded the theoretical circle both at home and abroadfor determination the actual investor as to the identity of the different views; Then explaindormant investment related, explicit some long-term discussions like the the identity of theactual investor, the character of investment agreement.The third chapter is the actual amount contributed to the protection of the rights of thepeople. First, starting from the rights of the shareholders in this company,and identified theactual investor should only be able to enjoy the rights in the company including dividendrights and the right to distribute the remaining property, and only by the name of shareholdersentitled to rather than direct enjoyment; followed by discussion of the actual investor’s duty of contribution and the the obligation of payment; through the analysis of the risk of the actualinvestor in the company may encounter again, to arrive at a method for protecting the actualinvestor interest.Conclusion is concluded in this paper, which re-emphasized the actual investor is able toenjoy the investment interests of the company, but does not have the qualification as ashareholder, but can be identified as a shareholder in some circumstances by othershareholders’ discussion. |
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