Research On Legal Issues Of Actual Investors

Since the reform and opening up,due to the establishment and continuous development of the market economy system in our country,as a cell of economy,the production and operation of a company have a decisive influence on the economy of our country.The limited liability company as a form of company,funded the establishment of the process,the way anonymous funded in the daily life are not uncommon.Aided investment refers to the actual contribution of one party not listed in the articles of association,the register of shareholders,business register,as a new type of equity investment,has been favored by many investors.However,a series of legal problems brought about by the actual contributors and the nominal shareholders resulting from the anonymous investment have not been clearly stipulated in the Company Law.From the concept of jurisprudence,the term "actual investor" did not appear for the first time until "Company Law Interpretation 3",and did not give a clear explanation of this term,only the actual investor The general name.Therefore,although the provisions of the "Company Law Interpretation III" make provisions for the validity of the anonymous funding agreement in the provision as well as the provisions on the protection of third parties,the actual concept of the actual investor and the actual contribution People's shareholders and other issues are still not clearly defined,so the courts in all regions and levels of the case of similar anonymous cases of hearing the outcome is also very different.In the current actual life,the popularity of anonymous investment diminished,the resulting disputes will certainly continue to increase,how to solve the real investor,the nominal shareholder and the third party transactions between the interests of disputes,to protect the authority of judicial proceedings Therefore,this paper takes the qualification of the actual investor as the entry point,and elaborates the rights and obligations of the actual investor and the nominal shareholder.In the common disputes of the actual investor in the judicial trial,the actual investor is summarized against the nominal shareholder.The third party's responsibility bears the final recommendation of the actual investor system.This article includes the following five parts:First part.Taking "Case of Chen Xiaobin et al.Confirming Shareholders' Qualification Disputes of Shanghai Bowing Wood Co.,Ltd." as an example,the paper divides the cases on the basis of the basic merits,and explains the main points of the referee and legal analysis.The second part.The actual investor's shareholder qualification.This paper firstintroduces the relevant theory of the actual investor's shareholder qualification,and secondly,according to the provisions of our country's current law on the actual investor's shareholder qualification,this article elaborates on the ways that the actual investor obtains the shareholder's qualification.The third part.The actual rights and obligations of contributors and nominal shareholders.After expounding the rights and obligations of the actual contributors and the nominal shareholders in the general case,this article analyzes the rights and obligations of the parties in the above cases.Fourth part.The actual investor's legal responsibility.This article divides the objects that the actual contributors assume,which is divided into three types: nominal shareholders,companies and third parties,which respectively expound their different responsibilities and make a brief summary of the case.The fifth part.Improvement of the legal system of actual contributors.This article mainly analyzes such issues as the confirmation of actual investor's identity,the fact that the actual investor violates the prohibition of law,the settlement of the actual investor and the third party,and how the actual investor can apply the corporate personality denial.