Research On The Right Of Claim For Profit Distribution Of Dormant Investors

The appearance of anonymous investors in companies as investment subjects can attract more idles social funds and encourage investment,but it also brings more rights and interests disputes.The direct purpose of shareholders to invest in a company is to obtain dividend income.Although an anonymous investor has a special investment status,he is often infringed on in reality because of his own status.However,he pursues the same goal in pursuit of profits.Although the disputes of the rights and interests of the anonymous investor emerge endlessly in practice,the legal circle has not reached an agreement on whether the anonymous investor has the qualification of shareholder,let alone whether the anonymous investor can enjoy the right of profit distribution.Judicial interpretation of company law(?)only mentions the actual capital contribution and the anonymous capital contribution,but there is no direct regulation on whether the anonymous capital contribution enjoys the right to claim profit distribution.In view of the above mentioned reality,it is of theoretical significance and practical value to clarify the claim right of profit distribution of anonymous investors.This paper is discussed in three parts:introduction,text and conclusion.The introduction briefly expounds the research background,research significance and the problems to be solved in this paper.The first part studies the theoretical basis of the anonymous investor as the subject of the claim for profit distribution.Based on the causes and classification of anonymous investors,this paper analyzes the types of anonymous investors who can enjoy the right of profit distribution.The reason why an anonymous investor can be the subject of the claim for profit distribution and the requirements that an anonymous investor who enjoys this right should have.The second part discusses the way and dilemma of the hidden investor's claim for profit distribution.This paper argues that the form of the claim for the profit distribution of the anonymous investor includes:the anonymous investor can exercise the claim on the basis of the visible shareholder,become the shareholder through the confirmation of the right,and file a lawsuit to the court to enforce the dividend distribution.The difficulties encountered in the process of exercising are reflected in the following aspects:firstly,the status of anonymous investors is uncertain in China,and there is no specific identification.China's "judicial interpretation of company law(?)"has no specific provisions on anonymous investors.Therefore,it leads to an awkward situation for the anonymous investor in the dividend distribution of the company.Second,the anonymous investor can only passively obtain information about the company's operating conditions,but cannot timely know the company's profit situation,so he cannot timely exercise the right of profit distribution.Third,the current legislation is insufficient to protect the rights of anonymous investors.The third part analyzes the protection of the anonymous investor's right to claim profit distribution from two aspects:prevention in advance and judicial relief.The first is to prevent in advance,by analyzing and referring to the foreign guarantee system of the right to profit distribution to inspire our country to improve the protection of the right to dividend distribution of anonymous investors.Improve the qualification of anonymous investors by referring to foreign trust system.Notarization of implicit investment agreements and other ways to improve the prevention of risks in advance.Learn from the British "examiner" system to ensure that anonymous investors can timely know the operation of the company.The second is judicial relief,advocating the introduction of compulsory dividend distribution in the United States to give shareholders the rationality and legitimacy of dividend distribution.Finally,in the conclusion part,the author summarizes the discussion of this paper,reaffirms the importance of the right of anonymous funders,and looks forward to the unresolved part of this paper.