Research On Legal Issues Related To Dormant Shareholders

In the capital investment market,the implicit investment phenomenon has a long history.The "Company Law Interpretation III" expresses the anonymous shareholders as "actual investors",but does not further regulate the related legal issues of the anonymous shareholders.Although there are many opinions and doctrines in the theoretical circle,there is a lack of clear and unified standards in the law.This has caused great difficulties for courts of all levels to hear cases involving anonymous investment.Cases of different judgments in the same case have appeared from time to time.This objectively caused the disputes of some hidden shareholders to be not properly handled.In the case of the company's registered capital subscription system,the related legal issues of the anonymous shareholders were particularly prominent.This article begins with the study of the cause of implicit name funding,further summarizes the legal characteristics of the anonymous shareholder,analyzes the legal relationship between the parties,explores the typical legal issues of the anonymous shareholder,and explores the ways of legal regulation of the related issues of the anonymous shareholder.This paper is divided into four chapters:Chapter one: Introduction to anonymous shareholders.This chapter starts from the study of anonymous investment and focuses on the concepts and causes of hidden shareholders,the types and forms of implicit shareholders.The second chapter: The legal relationship between anonymous shareholders and related subjects.This chapter focuses on the study of the characteristics of the anonymous shareholders,the legal relationships between the anonymous shareholders and the nominal shareholders,other shareholders of the company,and creditors.The third chapter: The theoretical analysis of identification of anonymous shareholders.This chapter focuses on the theoretical and institutional experience in the identification of anonymous shareholders both at home and abroad,as well as the enlightenment to Chinese legislation.Chapter IV: Legal suggestions for improving the related issues of anonymous shareholders.This chapter starts with perfecting the rules for confirming the identity of anonymous shareholders and combining related theories to explore the principles and concrete measures that should be followed for the reform of the legal system of anonymous shareholders.