Research On Legal Issues Of Anonymous Shareholders

In reality,many people who are named as dormant shareholders don’t contribute in the name of themselves but in the name of other’s for the purpose to circumvent the law or because they don’t want to be known their investor identity,or for other ideas.With the rapid development of Chinese economy,dormant shareholders increase and thus generates a lot of legal disputes.But,our country has not clearly stipulated the system of dormanshareholderst in The Company Act,only The provisions of the Supreme People’s Court on Several Issues concerning the application of the" People’s Republic of China Company Law(Three)some incomplete clause.These articles mainly involve the identification of actual shareholder,the validation of the effectiveness of entrusted investment agreement between nominal investor and actual investor.Although the judicial interpretation have provision in legal disputes about a variety of legal issues related with the dormant shareholders in the judicial practice,but the legal lag and complicated company activities make the judicial interpretation still have shortcomings on solving some legal disputes,therefore how to solve the dormant shareholders,protect the legitimate rights and interests of dormant shareholders,balance the interests of the implicit shareholders,dormant shareholders,companies and company creditors is still important.This paper includes four parts: the first chapter is an overview of dormant shareholders,including the concept and characteristics of dormant shareholders,the comparison with other related concepts and the causes ofdormant shareholders,this chapter analyze the background and cause of dormant shareholders from different aspects.The second chapter is about the qualification of dormant shareholders,including the principle of the qualification and the elements of qualification.The third chapter is the various types of legal disputes of dormant shareholders and how to deal with disputes in practice,this chapter discusses the disputes between dormant shareholders and registered shareholders,disputes between dormant shareholders,registered shareholders and third party,disputes between the dormant shareholders,registered shareholders and the company and other shareholders,and the judicial practice is also discussed in this paper.