Research On Legal Issues Of Anonymous Shareholders In Limited Liability Companies

With the development of China’s market economy and the extensive development of commercial activities,the phenomenon of equity entrustment is emerging one after another.To a certain extent,the anonymous investment behavior alleviates the financial pressure of the company and is conducive to the development and survival of the company.However,the number of cases caused by it is also on the rise,such as the frequent disputes over the qualification confirmation of the anonymous shareholders and the enforcement of the anonymous equity.China’s relevant legal provisions on anonymous shareholders are not very perfect.At present,the company law in our country have not dormant shareholders related legal issues,the company law to explain three is approved by the actual investor investment rights and interests enjoyed,and no hidden shareholders of the qualification,not dormant shareholders whether the relevant shareholders’ rights,nor to the relevant legal issues on anonymity equity executive detailed rules.Due to the imperfection of legislation,the judge can only hear such cases according to the discretion,which makes the judgment result can’t stand scrutiny,and even there are different judgments for the same case.At the same time,the theoretical circle also have different views on such issues.In order to safeguard the legal rights and interests of the parties concerned and to safeguard the fairness and justice of the law,it is necessary to establish a complete legal system of anonymous capital contribution,so as to provide legal guarantee for the theoretical and practical circles to deal with such problems correctly,and to make China’s economy move forward steadily.The main objective of this paper is to explore the legal rights and interests of dormant shareholders and protect the legitimate rights and interests of dormant shareholders.The text is divided into five parts: the first part introduces the basic theory and legislation of the anonymous shareholders;The second part theoretically discusses the main viewpoints and the main standards of the qualification recognition of hidden shareholders in China.The third part discusses theoretically the types of strong execution of anonymous shares and the academic circles’ views on whether the anonymous shareholders can resist the enforcement.The fourth part analyzes two typical cases in practice,namely,the frequent confirmation of the qualification of hidden shareholders and the enforcement of hidden equity rights.The two cases selected in this paper have been retried by the supreme people’s court and are of certain representativeness.The fifth part,by referring to relevant foreign legal systems,puts forward solutions and Suggestions to the problems related to the anonymous shareholders,in an effort to provide ideas for China’s future legislation and practical trial to provide a practical and feasible theoretical basis,so as to constantly improve the relevant legal provisions of China’s anonymous shareholders.