Determination On The Qualification Of Dormant Shareholder In The Limited Liability Company

With the tremendous development of Chinese market economy, largeamount of dormant investment surge in economic fields. Various disputes caused by dormant shareholders problems. In judicial practice because of the law’imperfection, diferent judgments in different courts in the trial of similar cases. Meanwhile, in theoretical circle, lack of research of limited liability company dormant shareholder, and different opinions can not reach a unique theory. Theory can not guide practice.This thesis consists of the following four parts:The first chapter gives a brief introduction of dormant shareholder. The first chapter is composed of four sections。The first section is the definition of the concept of dormant shareholder In this section, I sum up the common definition to the concept of dormant shareholder in theoretical circle. In the second section, the concept of anonymous shareholder compare with the related concept. The third section introduces the legal characteristic of dormant shareholder. The fourth section is about of the classification of dormant shareholders. In the fifth section,I analyzes the causes of dormant shareholder. The second chapter is about the theoretical research of company dormant shareholder’s cognizance. The second chapter is composed of three sections。The first section is the analysis about the relationship between the dormant shareholder and related subjects. The second section introduces the principle of dormant shareholder’s qualification. This chapter describes the three theories on the cognizance of dormant shareholder qualification. The third chapter introduces dormant shareholders qualification legislative situation and judicial practice at home and abroad. The fourth chapter is about legal analysis and refinement of dormant shareholder.