Research On The Qualification Of Shareholders Of Dormant Investors

In practice,the dormant investor chooses to invest by reaching a consensus with others,in which the other becomes the nominal shareholder and his name is hidden.However,the company’s articles of association and the register of shareholders do not contain the name of the a investor,which in turn led to the investment rights of the dormant investor not being effectively protected by the Company Law.Once a dispute arises,the shareholders ’qualifications of the dormant investor may not be recognized,and the investment rights and interests of the anonymous investor will be damaged.At present,China’s legal norms on disputes over the shareholder qualifications of dormant investors are not perfect,and different courts do not understand the legal provisions uniformly.Therefore,it is inevitable that there will be differences or even differences between the trial in judicial practice and the judgment rules in judicial interpretation.The scope of the research in this article is limited to limited liability companies,and the analysis is carried out from two relationship levels: The first level is based on the nature of the hidden investment agreement,and analyzes the dormant investors who use thenominal investor as the agent to invest and obtain investment The inner meaning of income is expressed;the second level starts from the characteristics of the company’s humanity and capitalization of limited liability companies,and discusses the basis and specific circumstances of the identification of the shareholders of the dormant investor,that is,under what circumstances can the dormant investor The company’s shareholders.Finally,starting from the external relations,the basic views of the dormant investor in the execution procedure claiming shareholder qualifications and the different views in current judicial practice are expounded.